SB    50    bSl 


REVISION  OF  1909 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE  SUPERVISION  OF 

FREDERICK  C.  MARTINDALE 

SECRETARY  OF  STATE 


^1 


BY  AUTHORITY 


LANSING,    MICHIGAN 

WYNKoor    HALLKNBECK    CRAWFORD    CO..    STATK    IMUNTKKS 

1909 


EXCHANGE 


REVISION  OF  1909 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED  UNDER  THE  SUPERVISION  OF 

FREDERICK  C.  MARTINDALE 

SECRETARY  OF  STATE 


BY  AUTHORITY 


LANSING,   MICHIGAN 

WYNKOOP   HALLENBECK   CRAWFORD   CO.,    STATE   PRINTERS 

1909 


< 


EXCHANGE 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS. 

Sections. 

Article    X.— Finance  and  taxation   1-2 

Article  XI. — Education 3-17 

STATUTORY  PROVISIONS. 

Election  of  state  board  of  education  18 

Election  of  superintendent  of  public  instruction 19 

Primary  school  system — 

Superintendent  of  public  instruction   20-26 

Formation,  alteration,  meetings  and  powers  of  districts   27-46 

District  board  and  officers    47-72 

Township  officers    73-87 

County  clerk  and  treasurer   88-90 

Bonded  indebtedness  of  districts 91-94 

Suits  and  judgments  against  districts   95-101 

Sites   for   schoolhouses    102-116 

Appeals  from  action  of  township  board   117-119 

Graded   school    districts    120-125 

Libraries     126-138 

Penalties   and   liabilities    139-147 

Miscellaneous  provisions  relative  to  education  and  the  schools — 

Free  text  books   148-153 

Agricultural  college  course   154 

Kindergarten    method    155-158 

Teaching  of  dangerous  communicable  diseases   159-160 

Publication  of  the  proceedings  of  annual  school  meetings  161-162 

Purchase  and  display  of  United  States  flag 163 

Returns  from  incorporated  institutions  164 

State  teachers'  certificates   165-171 

County  commissioners  and  school  examiners  172-183 

Examination  of  candidates  for  admission  to  agricultural  college 184-185 

Meeting  of  school  officers  of  county  186-188 

Township  school   districts    189-213 

Township  school  districts  in  upper  peninsula 214-229 

Boundaries  of  school  districts  in  cities   230-233 

Teachers'   institutes    234-241 

Bureau  of  information  in  office  of  superintendent  of  public  instruction..  242-243 

Compulsory  education   244-249 

Compulsory  education  of  deaf  children  250-252 

Compulsory  education  of  blind  children 253-254 


677383 


CONTENTS. 


Sections. 

Miscellaneous  offenses — Crime  and  truancy — Delinquency  of  children...  255-258 

Protection  of  children  259 

Employment  of  children  260 

Teachers'    associations    • 261-263 

State  accounts — Safe  keeping  of  public  moneys 264-271 

State  lands — Apportionment  of  dog  tax   272 

State  board  of  education  273-290 

State  normal  schools  291-300 

Granting  of  diplomas  by  state  board  of  education  in  connection  with 

state  normal  schools   301 

Loan  funds  for  students   302-308 

State  library  commission   309-312 

Publication  and  distribution  of  laws  and  public  documents  313-315 

Rural   high   schools 316-323 

Qualifications  of  kindergarten  teachers    324-326 

Annual  reports  by  librarians   327-328 

Payment  of  tuition  of  eighth  grade  pupils 329-330 

County  normal  training  classes  331-337 

County  schools  of  agriculture,  manual  training,  etc 338-347 

Day  schools  for  the  deaf   348-353 

Payment  of  subcontractors    354-357 

Cities  of  the  fourth  class — School  districts,  and  board  of  education  ....  358-362 

Commission  on  industrial  education   363-366 

Sale  of  tax  homestead  lands  for  school  sites  367 

Exemption  of  school  bonds  from  taxation  368 

Appendix — Forms  for  proceedings  under  the  school  laws. 

NOTE. — The  section  numbers  in  parentheses  (  ),  are  compiler's  sections,  and  are  con- 
secutive throughout  this  compilation.  Section  numbers  of  the  compiled  laws  of  1897 
precede  each  section,  and  ai-e  indicated  by  the  section  mark  (§).  Notes  following  the  sec- 
tions indicate  the  amendments,  supreme  court  decisions,  etc.  Annotated  with  supreme 
court  decisions  to  and  including  the  154th  Mich,  report.  The  character  /  is  used  in  citing 
cases,  to  avoid  the  repetition  of  Mich. 


SCHOOL    LAWS    OF    MICHIGAN. 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  X. 

FINANCE    AND    TAXATION. 

(1)  SECTION  1.     All  subjects  of  taxation  now  contributing  to  the 
primary  school  interest  fund  under  present  laws  shall  continue  to  con- 
tribute to  that  fund,  and  all  taxes  from  such  subjects  shall  be  first  ap- 
plied in  paying  the  interest  upon  the  primary  school,  university  and  other 
educational  funds  in  the  order  herein  named,  after  which  the  surplus  of 
such  moneys  shall  be  added  to  and  become  a  part  of  the  primary  school 
interest  fund. 

(2)  SEC.  2.    The  legislature  shall  provide  by  law  for  an  annual  tax 
sufficient  with   other  resources  to   pay  the  estimated  expenses  of  the 
state  government,  the  interest  on  any  state  debt  and  such  deficiency  as 
may  occur  in  the  resources. 


ARTICLE  XI. 

EDUCATION. 

(3)  SECTION  1.    Religion,  morality  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the  means  of 
education  shall  forever  be  encouraged. 

(4)  SEC.  2.     A  superintendent  of  public  instruction  shall  be  elected 
at  the  regular  election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  nine,  and  every  second  year  thereafter.     He  shall  hold  office 
for  a  period  of  two  years  from  the  first  day  of  July  following  his  election 
and  until  his  successor  is  elected  and  qualified.     He  shall  have  general 
supervision  of  public  instruction  in  the  state.     He  shall  be  a  member 
and  secretary  of  the  state  board  of  education.     He  shall  be  ex-officio 


GENERAL  SCHOOL  LAWS. 


a  member  of  all  other  boards  having  control  of  public  instruction  in  any 
state  institution,  with  'the  right  to  speak  but  not  to  vote.  His  duties 
and  compensation  shall  be  prescribed  by  law. 

(5)  SBC.  3.    There  shall  be  a  board  of  regents  of  the  university,  con- 
sisting of  eight  members,  who  shall  hold  the  office  for  eight  years.    There 
shall  be  elected  at  each  regular  biennial  spring  election  two  members  of 
such  board.    When  a  vacancy  shall  occur  in  the  office  of  regent  it  shall 
be  filled  by  appointment  of  the  governor. 

(6)  SEC.  4.    The  regents  of  the  university  and  their  successors  in  office 
shall  continue  to  constitute  the  body  corporate  known  as  "The  Regents 
of  the  University  of  Michigan." 

(7)  SEC.  5.    The  regents  of  the  university  shall,  as  often  as  necessary, 
elect  a  president  of  the  university.    The  president  of  the  university  and 
the  superintendent  of  public  instruction  shall  be  ex-officio  members  of 
the  board  of  regents,  with  the  privilege  of  speaking  but  not  of  voting. 
The  president  shall  preside  at  the  meetings  of  the  board  and  be  the 
principal  executive  officer  of  the  university.    The  board  of  regents  shall 
have  the  general  supervision  of  the  university  and  the  direction  and 
control  of  all  expenditures  from  the  university  funds. 

(8)  SEC.  6.    The  state  board  of  education  shall  consist:  of  four  mem- 
bers.   On  the  first  Monday  in  April,  nineteen  hundred  nine,  and  at  each 
succeeding  biennial  spring  election,  there  shall  be  elected  one  member 
of  such  board  who  shall  hold  his  office  for  six  years  from  the  first  day 
of  July   following  his  election.     The   state   board   of  education   shall 
have  general  supervision  of  the  state  normal  college  and  the  state  normal 
schools,  and  the  duties  of  said  board  shall  be  prescribed  by  law. 

(9)  SEC.  7.    There  shall  be  elected  on  the  first  Monday  in  April,  nine- 
teen hundred  nine,  a  state  board  of  agriculture  to  consist  of  six  mem- 
bers, two  of  whom  shall  hold  the  office  for  two  years,  two  for  four 
years  and  two  for  six  years.    At  every  regular  biennial  spring  election 
thereafter,  there  shall   be  elected  two  members  whose  term   of  office 
shall  be  six  years.     The  members  thus  elected  and  their  successors  in 
office  shall  be  a  body  corporate  'to  be  known  as  "The  State  Board  of  Agri- 
culture." 

(10)  SEC.  8.    The  state  board  of  agriculture  shall,  as  often  as  neces- 
sary, elect  a  president  of  the  agricultural  college,  who  shall  be  ex-officio  a 
member  of  the  board  with  the  privilege  of  speaking  but  not  of  voting. 
He  shall  preside  at  the  meetings  of  the  board  and  be  the  principal  execu- 
tive officer  of  the  college.    The  board  shall  have  the  general  supervision 
of  the  college  and  the  direction  and  control  of  all  agricultural  college 
funds ;  and  shall  perform  such  other  duties  as  may  be  prescribed  by  law. 

(11)  SEC.  9.     The  legislature  shall    continue    a    system    of   primary 
schools,  whereby  every  school  district  in  the  state  shall  provide  for  the 
education  of  its  pupils  without  charge  for  tuition ;  and  all  instruction  in 
such  schools  shall  be  conducted  in  the  English  language.    If  any  school 
district  shall  neglect  to  maintain  a  school  within  its  borders  as  pre- 
scribed by  law  for  at  least  five  months  in  each  year,  or  to  provide  for 
the^ education  of  its  pupils  in  another  district  or  districts  for  an  equal 
period,  it  shall  be  deprived  for  the  ensuing  year  of  its  proportion  of 
the  primary  school  interest  fund. 

(12)  SEC.  10.    The  legislature  shall  maintain  the  university,  the  col- 


GENERAL  SCHOOL  LAWS. 


lege  of  mines,  the  state  agricultural  college,  the  state  normal  college, 
and  such  state  normal  schools  and  other  educational  institutions  as 
may  be  established  by  law. 

(13)  SEC.  11.    The  proceeds  from  the  sales  of  all  lands  that  have  been 
or  hereafter  may  be  granted  by  the  United  States  to  the  state  for  edu- 
cational purposes  and  the  proceeds  of  all  lands  or  other  property  given 
by  individuals  or  appropriated  by  the  state  for  like  purposes  shall  be 
and  remain  a  perpetual  fund,  the  interest  and  income  of  which,  together 
with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall  be  inviol- 
ably appropriated  and  annually  applied  to  the  specific  objects  of  the 
original  gift,  grant  or  appropriation. 

(14)  SEC.  12.    All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  state,  and  the  interest  on  the  clear  pro- 
ceeds from  the  sales  thereof  shall  be  appropriated  exclusively  to  the 
support  of  the  primary  schools. 

(15)  SEC.  13.    The  legislature  shall  appropriate  all  salt  spring  lands 
now  unappropriated,  or  the  money  arising  from  the  sale  of  the  same, 
where  such  lands  have  already  been  sold,  and  any  funds  or  lands  which 
may  hereafter  be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  the  agricultural  college. 

(16)  SEC.  14.    The  legislature  shall  provide  by  law  for  the  establish- 
ment of  at  least  one  library  in  each  township  and  city;  and  all  fines 
assessed  and  collected  in  the  several  counties,  cities  and  townships  for 
any  breach  of  the  penal  laws  shall  be  exclusively  applied  to  the  support 
of  such  libraries. 

(17)  SEC.  15.    Institutions  for  the  benefit  of  those  inhabitants  who  are 
deaf,  dumb,  blind,  feeble-minded  or  insane  shall  always  be  fostered  and 
supported. 


GENERAL   SCHOOL  LAWS. 


STATUTORY   PROVISIONS. 


Members 
board  of 
education, 
when  elected. 


Term. 


ELECTIONS. 

An  Act  fixing  the  time  when  members  of  the  state  board  of  educa- 
tion shall  be  elected. 

[Act  216,   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(18)  SECTION  1.  At  the  biennial  spring  election  to  be 
held  on  the  first  Monday  in  April  of  nineteen  hundred  nine, 
and  at  each  succeeding  biennial  spring  election,  there  shall 
be  elected  one  member  of  the  board  of  education,  who  shall 
hold  his  office  for  six  years  from  the  first  day  of  July  follow 
ing  his  election;  at  the  biennial  spring  election  to  be  held 
on  the  first  Monday  in  April,  nineteen  hundred  nine,  a  suc- 
cessor to  the  member  of  the  state  board  of  education  whose 
term  of  office  expired  on  December  thirty-first,  nineteen  hun- 
dred eight,  shall  be  elected;  at  the  biennial  spring  election 
to  be  held  on  the  first  Monday  in  April,  nineteen  hundred 
eleven,  a  successor  to  the  member  of  the  state  board  of  edu- 
cation whose  term  will  expire  December  thirty-first,  nine- 
teen hundred  ten,  shall  be  elected;  and  at  the  biennial  spring 
election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  thirteen,  a  successor  to  the  member  of  the  state 
board  of  education  whose  term  will  expire  on  December 
thirty-first,  nineteen  hundred  twelve,  shall  be  elected.  Each 
member  shall  hold  his  office  for  the  term  for  which  he  was 
elected  and  until  his  successor  is  elected  and  qualified. 


An   Act   to   provide   for  the  election   of   a   superintendent    of    public 

instruction. 


[Act   12,   1909.] 

The  People  of  the  State  of  Michigan  enact: 

Wrmn  elected>  (19)  SECTI°N  1.  At  the  biennial  spring  election  to  be 
held  on  the  first  Monday  in  April,  nineteen  hundred  nine, 
and  every  second  year  thereafter,  there  shall  be  elected  a 
superintendent  of  public  instruction,  who  shall  hold  office 
for  a  period  of  two  years  from  the  first  day  of  July  following 
his  election  and  until  his  successor  is  elected  and  qualified. 
The  person  receiving  the  greatest  number  of  votes  at  such 
election  shall  be  by  the  state  board  of  canvassers  declared 
elected  to  such  office. 


GENERAL  SCHOOL  LAWS. 


THE  PRIMARY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
travening the  provisions  of  this  act. 

[Act    164,   1881.] 

The  People  of  the  State  of  Michigan  enact: 
CHAPTER  I. 

THE    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 

(20)  §  4639.  SECTION  1.  The  superintendent  of  public  supt.  of 
instruction  shall  have  general  supervision  of  public  instruc- 
tion  in  all  public  schools  and  in  all  state  institutions  that 
are  educational  in  their  character,  as  follows:  The  univers- 
ity, the  agricultural  college,  the  institution  for  the  deaf  and 
dumb,  the  school  for  the  blind,  the  state  industrial  school  for 
boys,  the  state  industrial  home  for  girls,  the  state  public 
school  for  dependent  and  neglected  children,  and  the  home 
for  the  feeble-minded,  and  any  similar  institution  that  may 
hereafter  be  created.  He  shall  reside  at  the  seat  of  the  state  Residence. 
government  and  shall  devote  his  entire  time  to  the  duties 
of  his  office.  He  shall  be  a  graduate  of  a  university,  college  Qualifications. 
or  state  normal  school  of  good  standing,  and  shall  have  had 
at  least  five  years  experience  as  a  teacher  or  superintendent 
of  schools.  His  duties  shall  be  as  follows:  Duties. 

(a)  To  visit  the  institutions  mentioned  above  and  meet 
with  the  governing  boards  thereof  from  time  to  time; 

(b)  To  direct  the  supervision  of  county  normal  training 
classes  and  provide  general  rules  for  their  management  and 
control ; 

(c)  To  require  all  boards  of  education  to  observe  the  laws 
relating  to  schools  and  he  shall  have  authority  to  compel 
such  observance  by  appropriate  legal  proceedings  instituted 
in  courts  of  competent  jurisdiction  by  direction  of  the  at- 
torney general ; 

(d)  To  examine  and  audit  the  official   records   and  ac- Records  and 
counts  of  any  school  district  and  require  corrections  thereof  acco 
when  necessary,  and  to  require  an  accounting  from  the  treas- 
urer of  any  school  district  when  necessary; 

(e)  To  require  all  school  districts  to  maintain  school  or  statutory 
provide  educational  facilities  for  all  children  resident  in  such  g^oSi  °f 
district,  for  at  least  the  statutory  period; 

(f)  To  prepare  annually,  and  transmit  to  the  governor,  Annual 
to  be  by  him  transmitted  to  the  legislature  at  each  biennial  reP°rt- 
session  thereof,  a  report  containing  a  statement  of  the  gen- 
eral educational  conditions  of  the  state;  a  general  statement 
regarding  the  operation  of  the  several  state  educational  in- 
stitutions and  all  incorporated  institutions  of  learning;  to 

2 


10 


GENERAL   SCHOOL  LAWS. 


State 

teachers' 

institute. 


May  request 
removal  of 
certain 
officers. 


present  plans  for  the  improvement  of  the  general  educational 
system,  if  in  his  judgment  it  is  deemed  necessary;  the  report 
shall  also  contain  the  annual  reports  and  accompanying 
documents  of  all  state  educational  institutions  so  far  as  the 
same  may  be  of  public  interest,  and  tabulated  statements 
of  the  annual  reports  of  the  several  school  officers  of  the 
townships  and  cities  of  the  state,  and  any  other  matter  re- 
lating to  his  office  which  he  may  deem  expedient  to  com- 
municate to  the  legislature; 

(g)  To  appoint  a  time  and  place  and  proper  instructors 
for  a  state  teachers'  institute,  and  for  institutes  in  the  sev- 
eral counties  of  the  state  and  make  such  rules  and  regula- 
tions for  their  management  as  he  may  deem  necessary; 

(h)  He  may  request  the  governor  to  remove  from  office 
any  county  commissioner  of  schools  or  member  of  the  board 
of  school  examiners  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or,  when  he  is  incompetent  to  execute  properly  the 
duties  of  the  office,  or  has  been  guilty  of  official  misconduct, 
or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In  case 
said  superintendent  shall  determine  the  charges  submitted  to 
him  are  well  founded  he  shall  file  with  the  governor  a  state- 
ment in  writing  showing  the  specific  and  definite  charge  or 
charges  made  against  the  county  commissioner,  and  also 
a  statement  that  he  believes  the  charges  to  be  true  and  that 
in  his  opinion  the  case  demands  investigation,  which  state- 
ment shall  take  the  place  of  the  statement  of  the  prosecut- 
ing attorney  of  the  county  in  which  said  officer  is  acting; 
whereupon  the  governor  shall  proceed  to  investigate  the  case 
as  the  statute  provides; 

(i)  To  do  all  things  necessary  to  promote  the  welfare  of 
the  public  schools  and  public  educational  institutions  and 
provide  proper  educational  facilities  for  the  youth  of  the 
state. 

From  and  after  the  first  day  of  July,  nineteen  hundred 
nine,  the  salary  of  the  superintendent  of  public  instruction 
shall  be  four  thousand  dollars  per  annum  which  shall  be 
paid  monthly  out  of  the  general  fund  in  the  state  treasurv, 
upon  the  warrant  of  the  auditor  general,  in  the  same  manner 
as  the  salaries  of  other  state  officers  are  paid. 

Am.   1905,  Act  72;    1909,   Act  9 

°f   PUbliC   Instruction>    ^e    Const.,    section    4    of    this 


To  promote 
welfare. 


Salary,  how 
paid. 


t,qa     .  (2})     §4640'     SEC-2-     ^  order  to  organize  the  work  of 
fications,  etc.    the  department  of  public  instruction  and  assist  the  superin- 
endent  m  the  performance  of  his  duties  in  supervising  pub- 
lic education   he  may  appoint  a   deputy  superintendent   of 
public  instruction,  whose  educational  qualifications  shall  be 
e  same  as  those  of  the  superintendent  of  public  instruction 


GENERAL   SCHOOL  LAWS.  11 

who  shall  take  the  constitutional  oath  of  office  which  shall 
be  filed  with  the  secretary  of  state.    Said  deputy  shall  assist  Duty. 
the  superintendent  in  the  performance  of  his  duties  and  he 
may  execute  the  duties  of  the  office  of  superintendent  in  case 
of  a  vacancy  or  in  the  absence  of  the  superintendent.     The  salary. 
salary  of  the  deputy  superintendent  shall  be  two  thousand 
dollars  per  annum.     The  salary  of  the  deputy  superintendent  HOW  paid. 
shall  be  paid  from  the  general  fund,  upon  a  warrant  of  the 
auditor  general,   in   the  same   manner  that  the  salaries   of 
other  state  officers  are  paid.     The  superintendent  of  public 
instruction-  may  revoke  the  appointment  of  the  deputy  super- 
intendent in  his  discretion.    There  is  hereby  appropriated  out 
of  the  general  fund  in  the  state  treasury  a  sufficient  amount 
to  carry  out  the  provisions  of  this  act.    The  auditor  general  Tax  levy> 
shall  add  to  and  incorporate  in  the  state  tax  for  the  year 
nineteen  hundred  nine  and  every  year  thereafter  a  sufficient 
amount  to  reimburse  the  general  fund  for  the  amounts  ap- 
propriated by  this  act. 

Am.   1909,  Act  9. 

(22)  §  4641.     SEC.  3.     The  superintendent  of  public  in-  JJay  Prepare 
struction  may  prepare  and  have  printed  general  rules  and 
regulations  for  the  management    of    township    and    district 
libraries,  a  general  course  of  study  for  the  schools  of  the 

state,  and  he  shall  transmit  all  these  documents  to  the  sev- 
eral school  officers  entrusted  with  the  care  and  management 
of  the  public  schools. 

Am.    1905,    Act   72. 

(23)  §  4642.     SEC.  4.     He  shall  semi-annually,  on  receiv- 

ing  notice  from  the  auditor  general  of  the  amounts  thereof,  primary  school 

and  between  the  first  and  tenth  days  of  May  and  November, fundl  etc- 

apportion  the  primary  school  interest  fund  among  the  several 

townships  and  cities  of  the  state,  in  proportion  to  the  number 

of  children  in  each  between  the  ages  of  five  and  twenty  years, 

as  the  same  shall  appear  by  the  reports  of  the  several  boards 

of  school  inspectors  made  to  him  for  the  school  year  closing 

prior  to  the  May  apportionment  and  shall  prepare  a  state 

ment  of  the  amount  in  the  aggregate  payable  to  each  county, 

and  shall  deliver  the  same  to  the  auditor  general,  who  shall 

thereupon  draw  his  warrant  upon  the  state  treasurer  in  favor  warrant  for, 

„.,  „  ,  ,       /•         11  j_  T_IX     now  drawn. 

of  the  treasurer  of  each  county  for  the  amount  payable  to 

each  county.    He  shall  also  send  written  notices  to  the  clerks  Notice  to 

„.,  *    ,  ..  n    11  M    •       ,t  -j-j_i      county   clerks. 

of  the  several  counties  of  the  amount  in  the  aggregate  to  be 
disbursed  in  their  respective  counties,  and  the  amount  pay- 
able to  the  townships  and  cities  therein  respectively. 

Moiles  v.  Watson,  60  /  417. 

(24)  §  4643.     SEC.   5.     Whenever  the  returns  from  any 
county,  township,  city,  or  district,  upon  which  a  statement  of  Defective 
the  amount  to  be  disbursed  or  paid  to  any  such  county,  town- r 


12 


GENERAL  SCHOOL  LAWS. 


ship,  city,  or  district  shall  be  so  far  defective  as  to  render  it 
impracticable  to  ascertain  the  share  of  primary  school  inter- 
est fund  which  ought  to  be  disbursed  or  paid  to  such  county, 
township,  city,  or  district,  he  shall  ascertain  by  the  best 
evidence  in  his  power  the  facts  upon  which  the  ratio  of  such 
apportionment  shall  depend,  and  shall  make  the  apportion- 
ment accordingly. 

whendefi-  (25)      §  4644.     SEC.  6.     Whenever  any  county,  township, 

apportioned be  city,  or  district,  through  failure  or  error  in  making  the 
the  next  year,  proper  report,  shall  fail  to  receive  its  share  of  the  primary 
school  interest  fund,  the  superintendent  of  public  instruction, 
upon  satisfactory  proof  that  said  county,  township,  city,  or 
district  was  justly  entitled  to  the  same,  shall  apportion  such 
deficiency  in  his  next  apportionment;  and  whenever  it  shall 
appear  to  the  satisfaction  of  said  superintendent  that  any  dis- 
trict has  had  three  months7  school,  but  failed  to  have,  the 
full  time  of  school  required  by  law,  through  no  fault  or  neg- 
ligence of  the  district  or  its  officers,  he  may  include  such  dis- 
trict in  his  apportionment  of  the  primary  school  interest 
fund  in  his  discretion. 


Other  duties 
of  superin- 
tendent. 


Moiles  v.  Watson,  60  /  417. 

(26)  §  4645.  SEC.  7.  The  superintendent  of  public  in- 
struction shall  perform  such  other  duties  as  are  or  shall  be 
required  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


CHAPTER  II. 


Township 
board, 

authority  of, 
in  division 
of  school 
districts. 


Districts 

heretofore 

organized. 


FORMATION,    ALTERATION,    MEETINGS    AND    POWERS    OF    DISTRICTS. 

(27)  §  4646.  SECTION  1.  The  township  board  of  each 
township  shall  have  authority  to  divide  the  township  into 
such  number  of  school  districts  as  may  from  time  to  time 
be  necessary,  which  districts  it  shall  number,  and  it  may 
regulate  and  alter  the  boundaries  of  the  same  as  circum- 
stances shall  render  proper;  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a  form  as 
may  be.  Districts  heretofore  organized  shall  remain  and  have 
the  same  boundaries  as  at  the  time  of  the  passage  of  this  act 
subject  to  change  hereafter  in  the  discretion  of  the  township 
board. 

Am.  1901,  Act  37;  1909,  Act  31. 

PRIMARYbSrHO^  Chapter  116'  C'   L-  1897- 


GENERAL,  SCHOOL.  LAWS.  13 

viding  that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng- 
lish language.  All  other  matters  seem  to  foe  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  ;  People  v.  Hewlett,  94  /  168  ;  Pingree 
v.  Board  of  Education,  99  /  408.  The  constitution  of  1909  provides  that  a 
district  maintain  school  five  months  in  each  year  in  order  to  participate  in 
the  primary  interest  fund.  Our  primary  school  system  is  the  pride  of  the 
state. — People  v.  Hewlett,  94  /  169. 

FORMATION  OF  DISTRICTS :  See  Doxey  v.  Sch.  Inspectors,  67  /  603 ; 
Brody  v.  Penn.  Twp.  Board,  32  /  273  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343 ; 
Simpkins  v.  Ward,  45  /  561.  See  Briggs  v.  Borden,  71  /  89-90 ;  People  v. 
Davidson,  2  Doug.  121  ;  Brewer  v.  Palmer,  13  /  107.  When  two  districts  are 
annexed  without  any  other  change  in  their  boundaries,  the  mere  fact  that 
one  number  is  preferred  to  another  does  not  change  the  real  character  of  the 
annexation. — Brewer  v.  Palmer,  13  /  109.  When  one  district  is  annexed  to 
another,  its  corporate  existence  ceases  and  it  cannot  be  sued  for  debts ;  the 
new  district  must  be  held  responsible  for  them. — Id.  But  when  a  district 
is  parceled  out  among  several  other  districts,  the  latter  cannot  be  held 
jointly  liable  for  the  debts  of  the  former ;  whatever  they  are  bound  to  pay 
is  a  several  and  not  a  joint  obligation. — Halbert  v.  Sch.  Dists.,  36  /  421. 
Change  of  a  district  formed  by  special  act  of  the  legislature. — Sch.  Dist.  v. 
Dean,  17  /  223.  The  organization  of  a  new  township  severs  its  territory  from 
the  school  district  within  which  it  was  formerly  embraced. — People  v.  Ryan, 
19  /  203.  See  section  35. 

QUESTIONING  REGULARITY:  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collaterally, 
but  only  in  direct  proceedings. — Clement  v.  Everest,  29  /  19.  See  Sch.  Dist. 
v.  Inspectors,  27  /  3  ;  Stuart  v.  Sch.  Dist.,  30  /  69  ;  Lord  v.  Every,  38  /  405  ; 
Bird  v.  Perkins,  33  /  30 ;  Stockle  v.  Silsfoee,  41  /  621 ;  Keweenaw  Ass'n  v. 
Sch.  Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of  the 
district  cannot  be  tested  by  certiorari.— Jaquith  v.  Hale,  31  /  430.  Certiorari 
to  review  the  proceedings  in  organizing  a  district  will  not  lie  after  the^dis- 
trict  is  actually  organized  and  has  assumed  the  functions  of  a  corporation ; 
its  corporate  existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist.  v. 
Inspectors,  27  /  3  ;  People  v.  Gartland,  75  / 143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto  with 
the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord 
v.  Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  con- 
cerns of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch. 
Dist  v.  Riverside  Twp.,  67  /  406.  The  facts  in  regard  to  the  notices  and 
proof  of  posting  are  sufficiently  established  if  set  out  in  the  return  of  the 
board,  though  not  appearing  in  the  clerk's  minutes  of  the  proceedings.  The 
act  of  detaching  territory  from  two  school  districts  and  forming  a  new  dis- 
trict by  one  and  the  same  motion,  after  parties  interested  have  had  ample 
opportunity  to  be  heard  on  both  questions  is  valid. — Smelzer  v.  Inspectors 
Big  Prairie  Twp.,  125  /  666. 

(28)      §  4647.     SEC.  2.     Whenever  the  township  board  of  Notice  to 
any  township  shall  form  a  school  district  therein,  it  shall  be 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable  of  district 
inhabitant  of  such  district  a  notice  in  writing  of  the  forma- 
tion of  such  district,  describing  its  boundaries  and  specify- 
ing the  time  and  place  of  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  record 
by  the  clerk.    The  said  notice  shall  also  direct  such  inhabit-  Notice  to 
ant  to  notify  every  qualified  voter  of  such  district,   either 
personally  or  by   leaving  a  written   notice  at  his   place  of 
residence,  of  the  time  and  place  of  said  meeting,  at  least  five 
days  before  the  time  appointed  therefor;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall 
endorse  thereon  a  return  showing  such  notification  with  the  Return, 
date  or  dates  thereof,  and  deliver  such  notice  and  return  to 
the  chairman  of  the  meeting,  to  be  by  him  delivered  to  the 
director    chosen    at    such    meeting,    and    by    said    director 
recorded  at  length  as  a  part  of  the  records  of  such  district. 

Am.  1909,  Act  31. 


14 


GENERAL,  SCHOOL  LAWS. 


Proceedings 
in  case  of 
failure  to 
organize 
district. 


Fractional 
districts, 
how  formed. 


Annual 
reports, 
where 
made. 


When 

districts 

deemed 

duly 

organized. 

When 
presumed 
legally 
organized. 


Organization, 
how  lost. 


Failure  to 

maintain 

school. 


Resolution, 

declaring 

dissolution. 


NOTICE :  The  board  may,  under  one  notice,  at  one  meeting,  by  separate 
action,  detach  lands  from  separate  school  districts  and  attach  them  to  one 
district. — Doxey  v.  School  Inspectors,  67  /  601.  Irregularity  in  notice.— 
Parman  v.  Inspectors,  49  /  63.  See  Roeser  v.  Gartland,  75  /  144. 

RECORDS:      Importance   of.— Sch.    Dist.   v.    Snell,   24/352. 

(29)  §  4648.     SEC.   3.     In   case  the  inhabitants   of   any 
district  shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the   manner   hereinbefore   provided,    and   the   same   proceed- 
ings shall  be  had  thereon  as  if  no  previous  notice  had  been  de- 
livered. 

(30)  §  4649.    SEC.  4.    Whenever  it  shall  be  necessary  or 
convenient  to  form  a  district  from  two  or  more  adjoining 
townships,  the  township  boards,  or  a  majority  of  them,  of 
each  of  such  adjoining  townships,  may  form  such  district,  to 
be  designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  formation 
of  the  same  to  a  taxable  inhabitant  thereof,  and  may  regulate 
and  alter  such  district  as  circumstances  may  render  neces- 
sary in  the  same  manner  that  other  districts  are  altered. 
The  annual  reports  of  the  director  of  such  district  shall  be 
made  to  the  clerk  of  the  township  in  which  the  schoolhouse 
may  be  situated,  and  the  township  board  of  such  township 
shall   number  said   district. 

Am.  1909,  Act  31. 

Saginaw  Twp.  v.   Sch.   Dist.,  9  /  544 ;   Brewer  v.   Palmer,   13  / 109. 

(31)  §  4650.     SEC.  5.    Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers  elected 
at  the  first  meeting  shall  have  filed  their  acceptances  in  writ- 
ing with  the  director,  and  the  same  shall  have  been  recorded 
in  the  minutes  of  such  first  meeting.     Every  school  district 
shall  in  all  cases  be  presumed  to  have  been  legally  organized 
when  it  shall  have  exercised  the  franchises  and  privileges  of 
a  district  for  the  term  of  two  years ;  and  such  school  district 
and  its  officers  shall  be  entitled  to  all  the  rights,  privileges 
and  immunities,  and  be  subject  to  all  the  duties  and  liabili- 
ties conferred  upon  school  districts  by  law.    Any  school  dis- 
trict shall  lose  its  organization  as  follows: 

(a)  Whenever  there  are  not  three  or  more   persons  in 
such  district  qualified  under  the  law  to  hold  district  offices; 

(b)  Whenever  such  district  shall  fail  to  maintain  school 
for  the  time  required  by  law  for  a  period  of  two  successive 
years  either  within  its  own  boundaries  or  by  providing  for 
the  education  of  the  children  in  other  districts.     Upon  the 
lappenmg  of  either  condition,  the  township  board,  or  joint 
board,  if  such  district  be  fractional,  shall  declare  by  resolu- 
tion such  district  dissolved  and  shall  immediatelv  attach  the 
territory  thereof,  in  whole  or  in  part,  to  other  *  districts  al- 

idy  organized  and  make  an  equitable  distribution  of  the 
money,  property  and  other  material  belonging  to  such  dis- 
trict among  the  districts  to  which  the  territory  thereof  shall 


GENERAL   SCHOOL  LAWS.  15 


be   attached,   in   accordance  with  the   provisions  hereinafter 
stated. 

Am.    Id. 

PRESUMPTION  OF  LEGAL  ORGANIZATION:  When  a  district  has  ex- 
ercised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  its  organization. — Sch.  Dist.  v.  Sch. 
Dist.,  63  /  56  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343.  The  same  rule  which  recog- 
nizes the  right  of  officers  de  facto  recognizes  corporations  de  facto. — Clement 
v.  Everest,  29  /  23.  In  public  affairs,  when  the  people  have  organized  them- 
selves under  color  of  law  into  the  ordinary  municipal  bodies,  and  have  gone 
on  year  after  year  raising  taxes,  making  improvements  and  exercising  their 
usual  franchises,  their  rights  are  properly  regarded  as  depending  quite  as 
much  on  the  acquiescence  as  on  the  regularity  of  their  origin,  and  no  ex  post 
facto  inquiry  can  be  permitted  to  undo  their  corporate  existence. — People  v. 
Maynard,  15  /  470.  As  to  questioning  the  regularity  of  organization,  etc., 
see  note  to  section  27. 

(32)  §  4651.  SEC.  6.  The  record  of  the  first  meeting  Director's 
made  by  the  director  shall  be  prima  facie  evidence  of  the 
facts  therein  set  forth  and  of  the  legality  of  all  proceedings 
in  the  organization  of  the  district  prior  to  the  first  district 
meeting;  but  nothing  in  this  section  contained  shall  be  so 
construed  as  to  impair  the  effect  of  the  record  kept  by  the 
township  board  as  evidence. 


Am.  Id. 


CORPORATE   POWERS   OF  DISTRICTS. 


(33)  §  4652.     SEC.  7.     Every  school  district  organized  in 
pursuance  of  this  chapter,  or  which  has  been  organized  and  a  body' 
continued  under  any  previous  law  of  the  state  or  territory  corP°rate 
of  Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the 

name  and  style  of  "school  district  number (such  num-  game  and 

ber  as  shall  be  designated  in  the  formation  thereof  by  the  s 

township  board),  of   (the  name  of  the  township 

or  townships  in  which  the  district  is  situated),"  and  in  that 
name  shall  be  capable  of  suing  and  being  sued,  of  contracting  Power  of. 
and   being   contracted   with,   and   of  holding  such   real   and 
personal  estate  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  law,  and  of  selling  the  same. 

Am.  Id. 

CORPORATE  POWERS  :  The  school  district,  under  our  statutes,  is  a  cor- 
poration, and,  as  such  corporation,  is  represented  by  three  officers ;  a  moder- 
ator, director  and  assessor.  The  affairs  of  the  district  are  managed  and  con- 
trolled by  them,  under  certain  restrictions. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  districts. — 
Maynard  v.  Woodward,  36  /  423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued. — Van  Wert  v.  Sch.  Dist.,  100  /  333.  School  districts  are 
municipal  corporations. — Seeley  v.  Board  of  Ed.,  39  /  486  ;  Sch.  Dist.  v.  Gage, 
39  /  484  ;  Belles  v.  Burr,  76  /  1.  And  cannot  be  garnisheed  even  by  its  own 
consent,  unless  the  debtor  also  consents. — Id.  They  preceded  the  constitution 
(Stuart  v.  Sch.  Dist..  30/69),  and  were  recognized  by  that  instrument. — 
Belles  v.  Burr,  76/11. 

ALTERATION     OF    DISTRICTS. 

(34)  §  4653.    SEC.  8.    Whenever  the  township  board  shall  $*$$$$ 
contemplate  an  alteration  of  the  boundaries  of  a  district,  the  boundaries 
township  clerk   (and  for  meetings  of  boards  to  act  in  rela-  boardwn 


16 


GENERAL   SCHOOL  LAWS. 


tion  to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days'  notice  of  the  time  and 
place  of  the  meeting  of  said  board  and  the  alteration  pro- 
posed, by  posting  such  notice  in  three  public  places  in  the 
township  or  townships,  one  of  which  notices  shall  be  in  each 
of  the  districts  that  may  be  affected  by  such  alteration. 
Whenever  the  township  boards  of  more  than  one  township 
meet,  they  shall  elect  one  of  their  number  chairman,  and 
another  clerk  thereof. 


Posting 
notice. 


Joint 
boards. 


May  detach 
and  attach 
property. 


Division  into 
two  or  more 
districts. 


NOTICE  :  The  notice  required  is  jurisdictional  and  indispensable.  —  Coulter 
v.  Inspectors,  59  /  391  ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Gentle  v.  In- 
spectors, 73  /  40  ;  Graves  v.  Inspectors,  102  /  635  ;  Passage  v.  Inspectors,  19  / 
330  ;  Andress  v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice 
should  be  filed  with  the  clerk  of  the  board,  before  any  action  is  taken.  — 
Coulter  v.  Inspectors,  59  /  391  ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Graves  v. 
Inspectors,  102  /  635.  Where  notice  is  not  given  the  filing  of  the  consent  of 
a  majority  of  the  resident  taxpayers  of  the  districts  affected  will  not  validate 
the  action.  —  Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each 
township  affected  by  the  alteration.  —  Sch.  Dist.  v.  Metcalf,  93  /  499.  The 
object  of  the  notice  is  to  enable  parties  interested  to  be  heard  before  any 
action  is  taken.  —  Gentle  v.  Inspectors,  73  /  45  :  Sch.  Dist.  v.  Metcalf.  93  /  499. 
As  to  the  provision  in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63  /  51. 
Notice  of  posting  notices  in  three  public  places  is  jurisdictional.  Affidavit 
must  show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test  valid- 
ity of  proceedings  where  petitioner  moves  promptly.  —  Huyser  v.  Board  of 
School  Inspectors,  131  /  568. 

FRACTIONAL  DISTRICTS  :  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts.  —  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

(35)  §  4654.  SBC.  9.  The  township  board  may  in  its  dis- 
cretion detach  the  property  of  any  person  or  persons  from 
one  district  and  attach  it  to  another;  except  that  no  land 
which  has  been  taxed  for  building  a  schoolhouse  shall  be  set 
off  into  another  school  district  for  the  period  of  three  years 
thereafter,  except  by  the  consent  of  the  owner  thereof;  and  no 
district  shall  be  divided  into  two  or  more  districts  without 
the  consent  of  a  majority  of  the  resident  taxpayers  of  said 
district,  and  no  two  or  more  districts  shall  be  consolidated 
without  the  consent  of  a  majority  of  the  resident  taxpayers 
of  each  district. 

Am.  Id. 

People  v.  Davidson,  2  Doug.  121  ;  Brewer  v.  Palmer,  13  /  104.  See  Sch. 
Dist.  v.  Dean,  17  /  223  ;  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT:  The  school  inspectors  (township  board)  have 
power  to  alter  boundaries  of  districts,  and  attach  or  detach  persons,  to  or 
from  any  district;  but  no  power  is  anywhere  granted  to  them  to  disband, 
dissolve  or  destroy  a  district,  save  as  restricted  under  this  section.  —  Briggs 
v.  Borden,  71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  board 
have  no  authority  to  divide  up  a  district  and  destroy  it  without  the  consent 
of  a  majority  of  the  resident  taxpayers;  nor  can  they  destroy  it  by  cutting 
<LhP™n  ?I6C™  an^  attaching  all  the  territory  to  other  districts  without 
uch  consent.—  Id.  The  terms  "dissolve"  and  "disband"  are  of  similar  im- 

vo°fe  ^63  by   n°tice  °f  a   meeti»S   to 


°F   °WNER  :     Lan(Js   taxed    within   three   years   for   building  a 
not  to   be   set   off  into   another   district   without   the   consent   of 
the  owner.  —  Coulter  v.  Inspectors,  59  /  391 

ipNSOLIDATION  :      The    right    of    inspectors    to    consolidate    districts    de- 

pends upon   consent  of   majority   of  resident  taxpayers.     Where   a   school   dis- 

e   facto   formed   by   consolidation   of  other  districts   has   been   in   exist- 

ysehaanno°n,   ?3°0  /  556°    COUrt    WlU    n0t    *<*    &Side    acti°n    °f    bo"d- 
OF   LEGISLATURE:     The  legislature   may   change   the   boundaries 
.  —  Att  y   Gen.    ex  f  el.   Kies  v.  Lowery,   131  /  639. 


GENERAL   SCHOOL  LAWS.  17 

(36)      §  4655.     SEC.  10.     The  township  board  may  attach  Attaching 


to  a  school  district  any  person  residing  in  a  township  and  not  8  1 
in  any  organized  district,  at  his  request  ;  and  for  all  district 
purposes,  except  raising  a  tax  for  building  a  schoolhouse, 
such  person  shall  be  considered  as  residing  in  such  district; 
but  when  set  off  to  a  new  district,  no  sum  shall  be  raised  for 
such  person  as  his  proportion  to  the  district  property. 

Am.  Id. 

(37)  §  4656.     SEC.  11.     In  all  cases  where  an  alteration  Notice  to 
of  the   boundaries   of  a  school   district  shall  be  made,  the 
township  clerk  shall,  within  ten  days,  deliver  to  the  director 

of  each  district  affected  by  the  alteration  a  notice  in  writing, 
setting  forth  the  action  of  the  township  board  and  defining 
the  alterations  that  have  been  made. 

Am.  Id. 

DIVISION     OF     PROPERTY. 

(38)  §  4657.     SEC.  12.    When  a  new  district  is  formed  in 
whole  or  in  part  from  one  or  more  districts  possessed  of  a  possessed 
schoolhouse  or  entitled  to  other  property,  the  township  board  ^Ses^etc. 
at  the  time  of  forming  such  new  district,  or  as  soon  there- 

after as  may  be,  shall  ascertain  and  determine  the  amount 
justly   due   to   such   new  district   from   any   district   out   of 
which  it  may  have  been  in  whole  or  in  part  formed,  as  the 
proportion  of  such  new  district,  of  the  value  of  the  school- 
house  and  other  property  belonging  to  the  former  district, 
at  the  time  of  such  division  ;  and  whenever  by  the  division  when  may 
of  any  district,  the  schoolhouse  or  site  thereof  shall  no  longer  apportion 
be  conveniently  located  for  school  purposes  and  shall  not  be  Proceeds- 
desired  for  use  by  the  new  district  in  which  it  may  be  situ- 
ated,  the   township   board   of   the   township   in   which    such 
schoolhouse  and  site  shall  be  located  may  advertise  and  sell 
the  same,  and  apportion  the  proceeds  of  such  sale  and  also 
any  moneys  belonging  to  the  district  thus  divided  among  the 
several  districts  erected  in  whole  or  in  part  from  the  divided 
district. 

Am.  Id. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  541  ;  People  v.  Ryan,  19  /  203  ;  Ramsey  v. 
Everett  Twp.  Clerk,  52/344;  Sch.  Dfst.  v.  Riverside  Twp.,  67/404. 

NEW  DISTRICT:  See  Pine  Sch.  Dist  v.  Wilcox,  48/404,  and  section  117 
as  to  appeals.  Bill  to  prevent  the  consummation  of  a  void  apportionment.  — 
Sch.  Dist.  v.  Sch.  Dist.,  63  /  58.  Bill  to  restrain  the  sale  of  the  school- 
house.  —  Briggs  v.  Borden,  71/87.  Upon  the  formation  of  a  new  district  by 
the  union  of  two  or  more,  the  new  district  succeeds  to  the  credits  and  prop- 
erty and  is  liable  for  the  debts  of  the  old  ones.  —  Brewer  v.  Palmer  13  /  104  ; 
Halbert  v.  Districts,  36/421. 

(39)  §  4658.     SEC.  13.     Such  proportion  shall  be  ascer-  Proportion, 
tained  and  determined  according  to  the  value  of  the  taxable 
property  of  the  respective  parts  of  such  former  district  at 

the  time  of  the  division,  by  the  best  evidence  in  the  power  of 
the  township  board;  and  such  amount  of  any  debt  due  from 
the  former  district,  which  would  have  been  a  charge  upon  the 


18 


GENERAL   SCHOOL  LAWS. 


new  had  it  remained  in  the  former  district,  shall  be  de- 
proviso.  ducted  from  such  proportion:  Provided,  That  no  real  estate 
thus  set  off,  and  which  shall  not  have  been  taxed  for  the  pur- 
chase or  building  of  such  schoolhouse,  shall  be  entitled  to 
any  portion  thereof  nor  be  taken  into  account  in  such  divi- 
sion of  district  property. 

Am.  Id. 

DEBTS  OF  OLD  DISTRICTS  :  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township  board 
shall  make  an  equitable  adjustment  of  property  and  debts,  so  as  to  propor- 
tion them  fairly  among  the  districts  which  have  succeeded  to  the  jurisdic- 
tion of  that  which  has  been  divided. — Halbert  v.  Sch.  Districts,  36  /  421. 
Where  a  school  district  has  been  subdivided  and  other  districts  set  off,  the 
debts  of  the  original  district  cannot  be  parceled  out  among  all  by  a  proceed- 
ing in  the  courts,  so  as  to  give  creditors  a  remedy  against  any  but  the  orig- 
inal debtors. — Turnbull  v.  Alpena  Sch.  Dist,  45  /  496 :  Maltz  v.  Board  of 
Education,  41  /  547.  A  debt  once  existing  must  remain  a  debt  against  the 
corporation  that  created  it,  and  its  obligation  is  not  destroyed  by  a  change 
in  corporation  limits.  If  contribution  is  required,  it  must  be  obtained  by 
the  corporation  and  not  by  its  creditors,  unless  otherwise  provided  by  law. 
— Turnbull  v.  Alpena  Sch.  Dist.,  45  /  499. 


Annual 
school 
meetings, 
when  held. 

School 
year,  when 
to  begin. 


Proviso. 


Special 
meetings. 


DISTRICT    MEETINGS. 

(40}  §  4659.  SEC.  14.  The  annual  meeting  of  all  school 
districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each 
year.  The  school  year  shall  commence  on  that  day,  and  the 
trustees  and  officers  of  the  district  shall  date  their  terms  of 
office  from  said  day,  and  until  their  successors  are  elected 
and  qualified:  Provided,  That  any  district  may  vote  to  hold 
its  annual  meeting  on  the  fourth  Monday  in  July. 

Am.    1905,    Act   36. 

Farrell  v.    Sch.   Dist.,   98  /  45  ;   Johnston  v.   Mitchell,   120  /  589. 


(41)      §  4660.     SEC.  15.     Special  meetings  may  be  called 
by  the  district  board;  and  it  shall  be  the  duty  of  said  board, 
or  any  one  of  them,  to  call  such  meetings  on  the  written  re- 
quest of  not  less  than  five  legal  voters  of  the  district,  by  giv- 
£hcaiieciay  not  ing  *he  notice  required  in  the  next  succeeding  section  ;  but  no 
special  meeting  shall  be  called  unless  the  business  to  be  trans- 
u>UbensStefd     acted  mav  lawfully  come  before  such  meeting,  and  no  busi- 
in  notice.        ness  shall  be  transacted  at  a  special  meeting  unless  the  same 
be  stated  in  the  notice  of  said  meeting. 


«  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 

f  they  be  such  as,  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held 
sufficient.  —  Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING:  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  .given—  Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99/402;  Johns- 

n  v.  Mitchell,  120/589.  Use  by  a  school  board,  in  calling  a  special  meet- 
ing, or  a  blank  form  of  notice  prepared  by  a  lawyer  at  the  request  of  one 
who  was  not  a  member  of  the  board,  is  insufficient  to  show  a  ratification  on 

a  pr°mise  by  sucn  third  person  that  the  board  would  pay  a 

12^/209.  rend«ed.-Leonard8on   v.    School   District 


Notices  of 
meetings. 


(42)  §  4661.  SEC.  16.  All  notices  of  annual  or  special 
district  meetings,  after  the  first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meet- 
ing, and  shall  be  given  at  least  six  days  previous  to  such 


GENERAL   SCHOOL  LAWS.  19 

meeting,  by  posting  up  copies  thereof  in  three  of  the  most 
public  places  in  the  district,  one  copy  of  which  for  each  meet- 
ing shall  be  posted  at  the  outer  door  of  the  district  school- 
house,  if  there  be  one;  and  in  case  of  any  special  meeting 
called  for  the  purpose  of  establishing  or  changing  the  site 
of  a  schoolhouse,  such  notice  shall  be  given  at  least  ten  days 
previous  thereto :     Provided,  That  when  any  of  the  district  Duty  of  dis- 
board  shall  receive  a  request  to  call  a  special  meeting,  as  to  give. c< 
provided   in   the  preceding  section,   he   shall   forthwith   give 
notice,  as  above  provided,  of  said  meeting,  which  shall  be 
called  in  not  less  than  six  nor  more  than  twelve  days  from 
the  time  the  said  officer  shall  receive  the  notice  aforesaid, 
No  annual  meeting  shall  be  deemed  illegal  for  want  of  due  w^en  annual 
notice,  unless  it  shall  appear  that  the  omission  to  give  such  mllaiTor10 
notice  was  wilful  and  fraudulent.  want  of. 

Scbafer  v.  Sch.  Dist.  No.  1  of  Baraga,  116/206;  Johnston  v.  Mitchell, 
120  /  589. 

(43)  §  4662.     SEC.  17.     In  all  school  elections  every  citi-  Qualified 
zen  of  the   United   States   of  the  age  of  twenty-one  years,  deemed!*10 
male  or  female,   who  owns   property  which  is   assessed  for 
school  taxes  in  the  district,  or  who  is  the  parent  or  legal 
guardian  of  any  child  of  school  age  included  in  the  school 
census  of  said  district,  and  who  has  resided  in  said  district 

three  months  next  preceding  such  election,  shall  be  a  quali- 
fied voter.     On  the   question   of  voting  school   taxes,   every  votin 
citizen  of  the  United  States  of  the  age  of  twenty-one  years, 
male   or  female,   who  owns  property   which  is   assessed  for 
school  taxes  in  the  district,  and  who  has  resided  in  the  dis- 
trict, as  above  stated,  shall  be  a  qualified  voter:     Provided, 
That  the  purchaser  of  land  upon  a  land  contract,  who  actu-  tracts. 
ally  pays  the  taxes  upon  such  land  and  resides  thereon,  may 
vote  upon  all  questions;  and  where  a  husband  and  wife  own  Husband 
property    jointly    and    same    is    assessed    for    school  taxes and  wife- 
in  the  school  district,  each  may,  if  otherwise  qualified,  vote 
upon  all  questions  including  the  question  of  raising  money. 

Am.   1909,   Act  83. 

QUALIFIED  VOTER:  See  Coffin  v.  Election  Com'rs,  97/189;  Belles  v. 
Burr,  76  /  1  :  Mudge  v.  Stebbins,  59  /  165.  See  constitution  of  1909,  Art  III, 
section  4. 

(44)  §  4663.     SEC.  18.     If  any  person  offering  to  vote  at  challenging 
a  school  district  meeting  shall  be  challenged  as  unqualified  by  v< 

any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair- 
man shall  tender  to  him  an  oath,  in  substance  as  follows :  Oath  tendered 
"You   do  swear    (or  affirm)    that  you   are  a   citizen  of  the  *»  challenged 
United  States,  that  you  have  been  for  the  last  three  months  v<    r'  . 
an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you 
pay  a  school  district  tax  therein;'7  and  every  person  taking 


20 


GENERAL   SCHOOL  LAWS. 


False  oath 

deemed 

perjury. 


this  oath  shall  be  permitted  to  vote  upon  all  questions  pro- 
posed at  such  meetings.  Or  he  may  take  the  following  oath, 
to  wit:  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district,  or  residing 
upon  property  now  attached  to  this  school  district,  and  that 
you  are  the  parent  or  legal  guardian  of  one  or  more  children 
now  included  in  the  school  census  of  the  district;"  and  he 
may  vote  upon  all  questions  which  do  not  directly  involve 
the  raising  of  money  by  tax.  If  any  person  so  challenged 
shall  refuse  to  take  such  oath,  his  vote  shall  be  rejected; 
and  any  person  who  shall  wilfully  take  a  false  oath,  or  make 
a  false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.  When  any  question  is  taken  in 
any  other  way  than  by  ballot,  a  challenge  immediately  after 
the  vote  has  been  taken  shall  be  deemed  to  be  made  when 
offering  the  vote,  and  treated  in  the  same  manner. 

Belles  v.  Burr,  76/6. 

(45)  §  4664.     SEC.  19.     If  at  any  district  meeting  any 
person  shall  conduct  himself  in  a  disorderly  manner,  and, 
after  notice  from  the  moderator  or  person  presiding,  shall 
persist  therein,  the  moderator  or  person  presiding  may  order 
him  to  withdraw  from  the  meeting,  and  on  his  refusal,  may 
order  any  constable,  or  other  person  or  persons,  to  take  him 
into  custody  until  the  meeting  shall  be  adjourned;  and  any 
person  who  shall  refuse  to  withdraw  from  such  meeting  on 
being  so  ordered  as  herein  provided,  and  also  any  person  who 
shall  wilfully   disturb  such  meeting  by  rude  and  indecent 
behavior,  or  by  profane  or  indecent  discourse,  or  in  any  other 
way  make  such  disturbance,  shall,  on  conviction  thereof,  be 
punished  by  a  fine  not  less  than  two  nor  more  than  fifty  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days;  and  any  justice  of  the  peace,  recorder,  or  police 
justice  of  the  township,  ward,  or  city  where  such  offense  shall 
be  committed,  shall  have  jurisdiction  to  try  and  determine 
the  same. 

(46)  §  4665.    SEC.  20.    The  qualified  voters  in  any  school 
district,  when  lawfully  assembled  at  the  first  and  at  each 
annual   meeting  or  at   an   adjournment   thereof  or   at   any 
special   meeting  lawfully   called,   except  as  hereinafter  pro- 
vided, shall  have  power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the 
organization  of  the  district,  in  the  absence  of  the  moderator, 
to  appoint  a  chairman  for  the  time  being,  and  in  the  absence 
of  the  director,  to  appoint  some  person  to  act  in  his  stead, 
who  shall  keep  a  minute  of  the  proceedings  of  such  meeting 
and  certify  the  same  to  the  director,  to  be  by  him  entered  in 
the  records  of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  re- 
quire; 


Disorderly 
persons  at 
district 
meetings. 


Penalty  for 

disturbing 

meeting. 


Who  shall 
have    jurisdic- 
tion in  trial. 


Powers  of 
qualified 
voters  at 
school 
meetings. 


May  appoint 
chairman. 


May  adjourn. 


GENERAL  SCHOOL  LAWS.  21 

Third,  To  elect  district  officers  as  herein  provided,  and  to  Elect  dis- 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,  To   designate,   as  hereinafter  provided,   a  site  or  Designate 
such  number  of  sites  as  may  be  desired  for  schoolhouses,  and  Sltes< 
to  change  the  same  when  necessary; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites  Direct  pur- 
lawfully  determined  upon ;  the  building,  hiring  or  purchasing  Sue?  etc. 
of  a  schoolhouse  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient,  JJJ^Jf ^  f°gtc 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire,  purchase 
or  repair  a  schoolhouse  or  houses;  but  the  amount  of  taxes  Limit, 
to  be  raised  in  any  district  for  the  purpose  of  purchasing  or 
building,  altering  or  repairing  a  schoolhouse  or  houses  in  the 
same  year  that  any  bonded  indebtedness  is  incurred  shall  not 
exceed  two  hundred  fifty  dollars  in  districts  containing  less 
than  ten  children  between  the  ages  of  five  and  twenty  years; 
in  districts  having  between  ten  and  thirty  children  of  like 
age  it  shall  not  exceed  five  hundred  dollars;  and  in  districts 
having  between  thirty  and  fifty  children  of  like  age  it  shall 
not  exceed   one  thousand   dollars ;   the  foregoing  tax  when  Tax,  how 
levied  and  collected,  together  with  all  funds  derived  from  accounted- 
bonding  for  the  same  purposes,  when  received  by  the  treas- 
urer shall  be  accounted  for  under  the  title  of  "building  and 
repair  fund :"     Provided,   That  in   addition  to  the  amount  Amount  may 
which  may  be  voted  by  the  qualified  voters  of  a  district  for  SSrai  ftmd. 
repairs,  an  amount  not  exceeding  fifty  dollars  in  any  one  year 
may  be  taken  from  the  general  fund; 

Seventh,  To  vote  such  tax  as  shall  be  necessary  for  the  vote  tax  for 
following  purposes :     To  provide  the    necessary    appendages  ^tu?,1  X-ary, 
provided  for  by  statute  and  all  other  school  apparatus ;  to  Re- 
establish and  support  a  district  library;  to  pay  the  premium 
upon  any  surety  bond  required  by  law  to  be  given  by  any 
officer  of  such  school  district;  to  pay  for  the  transportation 
of  pupils  to  and  from  school;  to  pay  for  furniture,  fences, 
care  of  grounds,  taking  of  census,  books  for  indigent  children 
and  all   appurtenances  to  the  school   property;   to   pay  for 
necessary   record  books   and   blanks,   and   to   discharge  any 
debt  or  liability  of  the  district  lawfully  incurred  for  any  of 
these  purposes ;  the  tax  herein  provided  for,  when  collected  Tax,  how 

•       -IT  n    i  .    j    <•  j       accounted. 

and  received  by  the  treasurer,  shall  be  accounted  for  under 
the  title  of  "the  general  fund;" 

Eighth,  To  authorize  and  direct  the  sale  of  any  schoolhouse,  May  sen 
site,   building  or   other   property   belonging  to  the  district, site' etc- 
when  the  same  shall  no  longer  be  needed  for  the  use  of  the 
district ; 

Ninth,  To  give  such  directions  and  make  such  provisions  TO  direct 
as  they  shall  deem  necessary  in  relation  to  the  prosecution  or  suits-  etc- 
defense  of  any  suit  or  proceeding  in  which  the  district  may 
be  a  party  or  interested; 


22 


GENERAL   SCHOOL  LAWS. 


Building 
committees. 


Determine 
length  of  time 
school  taught. 


Proviso,  may 

discontinue 

school. 


Tuition  and 
transporta- 
tion. 


Tenth,  To  appoint,  as  in  their  discretion  it  may  be  neces- 
sary, a  building  committee  to  perform  such  duties  in  super- 
vising the  work  of  building  a  schoolhouse  as  they  may  by 
vote  direct ; 

Eleventh,  At  the  first  and  annual  meeting  only  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  all  districts  having  four  hundred  or  more 
children  of  school  age,  and  in  all  districts  having  over  thirty 
children  and  less  than  four  hundred  children,  not  less  than 
eight  months,  and  not  less  than  five  months  in  all  other  dis- 
tricts on  the  pain  of  forfeiture  of  their  share  of  the  primary 
school  interest  fund;  but  in  case  the  people  do  not  determine 
the  length  of  the  school  year,  then  the  district  board  shall 
determine  the  same,  and  in  case  the  board  or  the  district  fix 
the  length  of  the  school  year  and  later  in  the  year  it  is  found 
desirable  to  increase  the  length  of  said  school  year,  such 
action  may  be  taken  at  a  properly  called  special  school  meet- 
ing, or  the  board  may  take  such  action  on  petition  of  a  ma- 
jority of  the  resident  qualified  voters:  Provided,  That  each 
school  district  may  at  an  annual  meeting  vote  to  discontinue 
school  in  the  district  for  the  ensuing  year  and  determine  that 
the  children  resident  therein  shall  be  sent  to  another  school 
or  schools,  and  when  such  action  has  been  taken  the  school 
board  shall  have  authority  to  use  any  funds,  except  library 
funds,  in  the  hands  of  the  treasurer  to  pay  the  tuition  and 
transportation  of  .all  such  children,  and  if  necessary  vote  a 
tax  for  such  purpose. 

Am.   1903,  Act   10;   1907,   Act  91;   1909,  Act  83. 

Moiles  v.  Watson,  60  /  415. 

FOURTH:     See  section  102  as  to  designation  of  school  sites. 

FIFTH :  A  school  district,  contracting  for  the  building  of  a  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within  such 
reasonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance  of  a  con- 
tract are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  ex- 
tension of  time  to  the  contractors. — Id. 

SIXTH :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
against  it. — Stockdale  v.  School  Dist.,  47  /  226.  The  provision  that  no  land 
shall  be  taxed  for  the  building  of  schoolhouses,  unless  some  portion  thereof 
shall  be  within  2%  miles  of  the  schoolhouse  site,  does  not  apply  to  a  graded 
school  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/437. 

SEVENTH:  Publishing  House  v.  Sch.  Dist.,  94/265.  The  word  "append- 
age" does  not  mean  simply  the  apparatus  to  be  used  inside  of  the  building, 
nor  is  it  limited  to  brooms,  pails,  cups,  etc.,  but  must  be  construed  to  in- 
clude fuel,  fences  and  necessary  out-houses. — Creager  v.  Sch.  Dist.,  62  /  108. 
A  director  has  authority,  in  the  exercise  of  a  sound  discretion,  to  buy  new 
seats  for  a  schoolhouse  under  a  resolution  "to  fit  up  the  schoolhouse  for  the 

winter  term." — McLaren  v.  Akron  Town  Board,  48  /  190.  Equitable  claims • 

See  notes  to  subdivision  sixth.  Certain  charts,  etc.,  held  not  to  be  necessary 
appendages,  such  as  the  director  is  required  to  furnish. — Gibson  v.  Sch.  Dist . 
36/404;  Publishing  House  v.  School  Dist.,  94/265.  A  school  district  has 
no  power  to  levy  a  tax  except  for  the  purposes  specified  by  statute.— Hinman 
v.  Sen  Dist.,  4/168.  See  section  67,  subdivision  6. 

ELEVENTH:  Tappan  v.  Sch.  Dist.,  44/500.  The  district  board  has 
power  to  contract  with  a  qualified  teacher  for  such  term  during  the  en- 
suing year  as  shall  be  determined  by  the  qualified  voters  of  the  district  at 
60e/417  meeting.— Cleveland  v.  Amy,  88/374;  Moiles  v.  Watson, 

MISCELLANEOUS:  Gibson  v.  Sch.  Dist.,  36/404.  Where  a  board  of 
education  erects  a  school  building  in  such  manner  that  ice  and  snow  must 
inevitably  slide  from  the  roof  into  plaintiff's  premises,  there  being  no  suffi- 
cient barrier  to  prevent,  and  fails,  after  notice,  to  remedy  the  defect,  it  may 
be  held  liable  to  him  for  injuries  sustained  in  falling  upon  ice  so  precipi- 


GENERAL   SCHOOL  LAWS.  23 


tated,  the  trespass  being  the  proximate  cause  of  the  injury. — Ferris  v.  Board 
of  Education  of  Detroit,  122  /  315.  The  neglect  or  refusal  of  the  electors 
of  a  township  to  vote  the  amounts  necessary  to  be  raised  for  township  and 
school  purposes  is  sufficiently  shown,  within  the  statutes  authorizing  the 
township  board  and  the  board  of  education,  respectively,  to  vote  the  same 
in  such  case,  by  a  recital  in  the  resolutions  of  the  several  boards  voting  such 
taxes,  that  the  attention  of  the  electors  present  at  the  annual  meeting  was 
called  to  the  matter  of  voting  upon  such  questions,  and  that  they  failed, 
neglected,  and  refused  to  vote  such  sums  as  were  necessary. — Weston  Lum- 
ber Co.  v.  Township  of  Munising.  123  / 138.  Where  the  legislature  divides 
a  district  and  provides  for  a  distribution  of  property,  the  new  district  is  not 
entitled  to  share  in  primary  school  interest  fund  at  the  following  apportion- 
ment, though  based  upon  reports  of  previous  year.  A  district  which  does 
not  maintain  school  for  at  least  three  months  (now  five  months)  is  not 
entitled  to  share  in  apportionment  of  primary  school  interest  fund. — Decker- 
ville  School  District  v.  District  No.  3  of  Marion,  131/272.  A  school  dis- 
trict which  had  provided  *by  resolution  for  the  seating  of  a  schoolhouse  is 
estopped  to  question  the  validity  of  a  contract  signed  by  the  director  only, 
where  other  officers  paid  the  freight  bills  and  the  seats  had  been  in  use  fifteen 
months. — Jones  v.  Sch.  Dist.  No.  3  of  losco,  110/363.  District  board 
bought  furniture.  At  following  annual  meeting  voters  made  no  objection. 
Held  a  ratification  of  the  contract  though  act  of  board  was  not  authorized. 
— Haney  Sch.  Fur.  Co.  v.  Sch.  Dist.  No.  1  Crystal  Lake  Twp.,  133  /  241. 
School  district  cannot  appropriate  surplus  one  mill  tax  to  general  purpose 
before  end  of  year. — Bonhagel  v.  Sch.  Bd.  of  Dist.  No.  1,  Bronson  &  Bethel 
Twps.,  134/455. 


CHAPTER  III. 

DISTRICT     BOARD    AND    OFFICERS. 

(47)      §  4666.     SECTION  1.     At  the  first  meeting  in  each  Election  of 
school  district  there  shall  be  elected  by  ballot  a  moderator  officers. 
for  the  term  of  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year  ;  and  on  the  expiration  of  their  re-  Term  of 
spective  terms  of  office,  and  regularly  thereafter  at  the  an-  °mce- 
nual  meetings,  their  several  successors  shall  be  elected  in  like 
manner  for  a  term  of  three  years  each.    The  time  intervening 
between  the  first  meeting  in  any  school  district  and  the  first 
annual  meeting  thereafter  shall  be  reckoned  as  one  year. 


Acf-   i65t   1901,  amending  Act  164,  1881,  changes  the  word  assessor 
to  treasurer.     See  section  52. 

OFFICERS  :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined  to 
such  as  are  conferred  upon  them  by  statute  ;  and  as  no  compensation  for 
their  official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  re- 
covered. —  Hinman  v.  Sch.  Dist.,  4  /  168.  The  provisions  relative  to  the  elec- 
tion of  school  district  officers  by  ballot  are  mandatory;  but  where  they  were 
unanimously  chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed. —  People  v.  Gartland,  75  /  143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers.  —  Crane  v.  Sch.  Dist.,  61  /  290. 

BALLOT  :      All   ballots    cast    under    statutory   requirements    are   formal    i 
final,   if  there  is  an  election,  and  cannot  be  repeated.     There  can  be  no     in- 
formal"  ballot.—  People   v.    Stone,   78  /  635  ;    Sch.   Dist.    v.   Root,   61  /  373. 

(48)      §  4667.     SEC.  2.     A  school  district  office  shall  be-  when  school 
come  vacant  immediately  upon  any  of  the  following  events:  £S  of 
First,  The  death  of  the  incumbent; 
Second,  His  resignation; 
Third,  His  removal  from  office; 
Fourth,  His  removal  from  the  district; 
Fifth,  His  conviction  of  any  infamous  crime; 


GENERAL   SCHOOL  LAWS. 


Vacancies, 
how  filled. 


Term  of 
office. 


Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law; 
9  Eighth,  His  ceasing  to  be  a  taxpayer  in  the^school  district; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting,  at 
the  expiration  of  which  period  the  board  of  school  inspectors 
shall  appoint  such  successor. 

Am.   1903,   Act  21 ;   1907,  Act  01.  % 

(49)  §  4668.   SEC.  3.   In  case  any  one  of  the  district  offices 
becomes  vacant,  the  two  remaining  officers  shall  immediately 
fill  such  vacancy;  or  in  case  two  of  the  offices  become  vacant, 
the  remaining  officer  shall  immediately  call  a  special  meet- 
ing of  the  district  to  fill  such  vacancies;  in  case  any  vacancy 
is  not  filled  as  herein  provided  within  twenty  days  after  it 
shall  have  occurred,  or  in  case  all  the  offices  in  a  district  shall 
become  vacant,  the  township  board  of  the  township  to  which 
the  annual  reports  of  such  district  are  made  shall  fill  such 
vacancies.    Any  person  elected  or  appointed  to  fill  a  vacancy 
in  a  district  office  shall  hold  such  office  until  the  next  suc- 
ceeding annual  meeting,  at  which  time  the  voters  of  the  dis- 
trict shall  fill  such  office  for  the  unexpired  portion  of  the 
term. 

Am.    1909.    Act   83. 

Johnston  v.   Mitchell,   120/589. 

(50)  §  4669.     SEC.  4.     Any  qualified  voter  in   a  school 
district  whose  name  appears  upon  the  assessment  roll  and 
who  is  the  owner  in  his  own  right  of  the  property  so  assessed 
shall  be  eligible  to  election  or  appointment  to  office  in  such 
school  district:     Provided,  That  where  a  husband  and  wrife 
own  property  jointly,  regardless  of  the  name  which  appears 
upon  the  assessment  roll,  if  otherwise  qualified,  each  shall  be 
eligible  to  election   or  appointment  to  school   office. 

Am.  1899,  Act  184  ;  1909,  Act  83. 

(51)  §  4670.     SEC.  5.     Within  ten  days  after  their  elec- 
tion or  appointment  the  several  officers  of  each  school  district 
shall  file  with  the  director  written  acceptances  of  the  office  to 
which  they  have  been  respectively  elected  or  appointed,  ac- 
companied by  an  affidavit,  properly  acknowledged,  that  they 
are  qualified  voters,  that  their  name  appears  on  the  assess- 
ment roll,  and  that  they  are  the  owners  in  their  own  right  of 
the  property  so  assessed,  and  such  acceptances  and  affidavits 
shall  be  entered  in  the  records  of  the  district  by  said  director. 

Am.  1903,  Act  21. 


Who  eligible 
to  election  or 
appointment. 


Proviso,  hus- 
band and 
wife. 


To  file  ac- 
ceptances. 


GENERAL   SCHOOL  LAWS.  25 

(52)  §  4671.     SEC.  6.    The  moderator,  director,  and  treas-  District  board 
urer   shall   constitute   the   district   board.     Meetings   of   the  ofhma™beeings 
board  may  be  called  by  any  member  thereof  by  serving  on  the  called- 
other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is 

to  take  place;  and  no  act  authorized  to  be  done  by  the  dis- 
trict board  shall  be  valid  unless  voted  at  a  meeting  of  the 
board.  A  majority  of  the  members  of  the  board  at  a  meeting 
thereof  shall  be  necessary  for  the  transaction  of  business. 

Am.    1901,   Act   165. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626.  A  school  teacher  can  be  employed  only  by  the 
action  of  a  district  board  at  a  meeting  of  the  board.  Parol  evidence  is  not 
admissible  to  show  that  the  record  of  the  meeting  made  by  the  director  is 
not  true. — Cowley  v.  Sch.  Dist.  No.  3,  Harrisville,  130  /  634. 

(53)  §  4672.     SEC.  7.     The  said  district  board  shall  pur- 
chase  a  record  book  and  such  other  books,  blanks  and  station-  record 
ery  as  may  be  necessary  to  keep  a  record  of  the  proceedings  of  books- etc- 
the  district  meetings  and  of  the  meetings  of  the  board,  the 
accounts  of  the  treasurer,  and  for  doing  the  business  of  the 
district  in  an  orderly  manner. 

Am.   1903,  Act  49. 

Officers  having  charge  of  school  records  are  required  to  furnish  proper 
facilities  for  the  examination  or  copying  of  the  same.  See  Act  No.  76,  P.  A. 
1903. 

See  School  Dist  v.  Snell,  24/353. 

(54)  §  4673.     SEC.  8.     The  district  board  shall  purchase  Board  to 

purchase,  etc., 

or  lease,  in  the  corporate  name  of  the  district,  such  sites  for  site,  and  build, 
schoolhouses    as   shall    have   been    lawfully   designated,    and  hoCuse.chc 
shall  build,  hire,  or  purchase  such  schoolhouses  as  may  be 
necessary  out  of  the  fund  provided   for  that  purpose,   and 
make  sale  of  any  site  or  other  property  of  the  district  when 
lawfully  directed  by  the  qualified  voters;  but  no  district  in  Necessity  of 
any  case  shall  build  a  stone  or  brick  schoolhouse  upon  any  to  site 
site  without  having  first  obtained  a  title  in  fee  to  the  same, 
or  a  lease  for  ninety -nine  years;  nor  shall  any  district  build 
a  frame  schoolhouse  on  any  site  for  which  they  have  not  .1 
title  in  fee  or  a  lease  for  fifty  years,  without  securing  the 
privilege   of   removing  the   said   schoolhouse   when   lawfully 
directed  so  to  do  by  the  qualified  voters  of  the  district  at  any 
annual  or  special  meeting,  when  lawfully  convened. 

• 

TITLE  IN  FEE  :  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law. — Sch.  Dist.  v.  Everett,  52  /  314. 

LEASES  :  Schoolhouse  on  leased  land  belongs  to  district  and  may  be  re- 
moved within  reasonable  period. — Hayward  v.  Sch.  Dist.,  139/539. 

(55)  §  4674.     SEC.  9.    It  shall  be  the  duty  of  the  district  Duty  of 
board  to  estimate  and  vote  the  amount  of  money  necessary  to 

be  raised  in  addition  to  other  school  funds  for  the  entire 
support  of  the  schools,  for  the  purposes  of  teachers'  wages, 

4 


26 


GENERAL  SCHOOL  LAWS. 


Teachers' 
wages  fund, 
how  ac- 
counted. 


Proviso, 

unused 

surplus. 


Further 
proviso. 


Taxes,  how 
reported. 


Amount  may 
borrow  in 
anticipation. 


School  board 
when  to  re- 
port taxes 
voted. 


water  supply,  and  such  other  expenses  as  are  incidental  and 
necessary  in  order  that  the  schools  may  be  properly  con- 
ducted, for  deficiencies  in  such  funds  for  the  preceding  year, 
if  any,  and  for  the  services  of  district  officers.  All  primary 
money  and  mill  tax  shall  be  accounted  for  under  the  title  of 
"Teachers'  wages  fund."  All  taxes  voted  for  teachers'  wages, 
incidentals  and  deficiencies  and  services  of  officers,  when  col- 
lected and  received,  shall  be  accounted  for  under  the  title  of 
the  general  fund :  Provided,  That  if  at  the  close  of  the  school 
year  there  is  an  unused  surplus  of  one  mill  tax  raised  for 
that  year,  the  board  shall  have  authority  to  transfer  such 
surplus  to  the  general  fund :  Provided  further,  That  the  tax 
for  the  services  of  district  officers  herein  provided  for,  in  dis- 
tricts having  less  than  fifty  children,  shall  not  exceed  twenty- 
five  dollars,  and  in  districts  having  between  fifty  and  one 
hundred  children  the  tax  shall  not  exceed  fifty  dollars.  When 
the  taxes  herein  provided  for  have  been  estimated  and  voted 
by  the  district  board  they  shall  be  reported  for  assessment 
and  collection  the  same  as  other  district  taxes.  When  any 
tax  has  been  estimated  and  voted  by  the  district  board  or  by 
the  district  under  the  provisions  of  law  and  the  money  is 
needed  before  it  can  be  collected,  the  district  board  may 
borrow  on  the  strength  of  such  tax  a  sum  not  exceeding  the 
total  of  such  tax. 

Am.   1907,  Act  91;  3909,  Act  83. 

(56)  §  4675.  SEC.  10.  The  district  board,  or  board  of 
education,  shall,  between  the  second  Monday  in  July  and  the 
first  Monday  in  August  in  each  year,  make  out  and  deliver  to 
the  township  clerk  of  each  township  in  which  any  part  of  the 
district  is  situated,  a  report  in  writing  under  their  hands 
of  all  taxes  voted  by  the  district  during  the  preceding  year, 
and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

Am.  1905,  Act  36. 


Bramon°eT        ^      §  4676>     SEC'  1:L     The  district  board  shall   apply 
accord°in|ys      and  pay  over  all  school  moneys  belonging  to  the  district,  in 
accordance  with  the  provisions  of  law  regulating  the  same, 
and  no  money  raised  by  district  tax  shall  be  used  for  any 
other  purpose  than  that*  for  which  it  was  raised,  without  a 
consenting  vote  of  two-thirds  of  the  tax-paying  voters  of  the 
district;  and  no  moneys  received  from  the  primary  school  in- 
terest fund,  nor  from  the  one-mill  tax  except  as  provided  by 
law  shall  be  appropriated  to  any  other  use  than  the  payment 
of  teachers'  wages,  and  no  part  thereof  shall  be  paid  to  any 
teacher  who  shall  not  have  received  a  certificate  of  qualifica- 
tion from  proper  legal  authority  before  the  commencement 
sScehooisabarred  of  his  sch°o1-     N<>  school   district  shall   apply   any  of  the 
mo1n1eysblic      monevs  received  by  it  from  the  primary  school  interest  fund, 
or  from  any  and  all  other  sources,  for  the  support  and  main- 


GENERAL   SCHOOL  LAWS.  27 

tenance  of  any  school  of  a  sectarian  character,  whether  the 
same  be  under  the  control  of  any  religious  society,  or  made 
sectarian  by  the  school  district  board. 

Proof  of  qualification. — Sch.  Dist.   v.   Cook,  47  /  112. 

(58)  §  4677.  SEC.  12.  Said  board  shall  present  to  the 
district,  at  each  annual  meeting,  a  report  in  writing,  contain-  reports. 
ing  an  accurate  statement  of  all  moneys  of  the  district  re- 
ceived by  them,  or  any  of  them,  during  the  preceding  year, 
and  of  the  disbursements  made  by  them,  with  the  items  of 
such  receipts  and  disbursements.  Such  report  shall  also  con-  Contents  of. 
tain  a  statement  of  all  taxes  assessed  upon  the  taxable  prop- 
erty of  the  district  during  the  preceding  year,  the  purposes 
for  which  such  taxes  were  assessed,  and  the  amount  assessed 
for  each  particular  purpose,  and  said  report  shall  be  entered 
by  the  director  in  the  records  of  the  district. 

"  (59)     §  4678.     SEC.  13.     The  district  board  shall  hire  and  Board 
contract   with   such   duly   qualified   teachers   as   may  be   re-  teachers. 
quired;  and  all  contracts  shall  be  in  writing  and  signed  by  a  contracts. 
majority  of  the  board  in  behalf  of  the  district.     Said  con-  School  register 
tracts  shall  specify  the  wages  agreed  upon  and  shall  require  to  be  kept> 
the  teacher  to  keep  a  correct  list  of  the  pupils,  grading  and 
the  age  of  each,  attending  the  school,  and  the  number  of  days  Record  of 
each  pupil  is  present,  the  aggregate  attendance,  average  daily  at 
attendance  and  percentage  of  attendance,  and  to  furnish  'the 
director  with  a  correct  copy  of  the  same  at  the  close  of  school. 
Said  contract  shall  be  filed  with  the  director  and  a  duplicate  Contract  to 
copy  of  the  contract  shall  be  furnished  to  the  teacher.     No  £e  fil^d' 
contract  with  any  person  not  holding  a  legal  certificate  of  have  iegaTus 
qualification  then  authorizing  such  person  to  teach  shall  be  certificate- 
valid,  and  all  such  contracts  shall  terminate  if  the  certificate 
shall  expire  by  limitation  and  shall  not  immediately  be  re- 
newed, or  if  it  shall  be  suspended  or  revoked  by  proper  legal 
authority.    A  school  month  within  the  meaning  of  the  school  School 
laws  shall  consist  of  four  weeks  of  five  days  in  each  week,  defined, 
unless  otherwise  specified  in  the  teacher's  contract. 

Am.   1901,  Acts  62  and   146. 

HIRE  AND  CONTRACT  :  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be 
lawfully  employed  only  by  convening  the  board. — Hazen  v.  Lerche,  47  /  626. 
Contracts  may  be  made  before  beginning  of  the  school  year. — Sch.  Dist. 
v.  Cook,  47  / 112 ;  Tappan  v.  Sch.  Dist.,  44  /  500 ;  Cleveland  v.  Amy,  88  / 
376  ;  Farrell  v.  Sch.  Dist.,  98  /  45.  The  power  to  employ  teachers  conferred 
upon  district  boards  of  primary  schools  by  this  section  is  co-extensive  with 
that  conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  122. 
— Id.  376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the 
moderator  wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such 
approval  and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  con- 
tract.— Everett  v.  Sch.  Dist.,  30/249.  When  the  contract  is  signed  by  a 
majority  of  the  board  only. — Crane  v.  Sch.  Dist.,  61  /  299.  Simultaneous 
signing  is  not  necessary. — Holloway  v.  Sch.  Dist.,  62  /  155  ;  Everett  v.  Sch. 
Dist.,  30/249.  It  is  the  business  of  school  districts  to  keep  up  public 
schools,  and  it  is  the  duty  of  the  officers  to  provide  teachers  and  to  make 
contracts  with  them.  It  is  their  duty  to  know  under  what  conditions  a 
teacher,  whom  they  know  to  be  teaching,  claims  to  act. — Holloway  v.  Sch. 
Dist.,  62  /  155.  A  teacher  has  a  right  to  suppose  his  contract  to  be  a  valid 
one  when  it  is  signed  by  a  sufficient  number  of  officers  and  he  is,  with  the 
personal  knowledge  of  the  whole  board,  permitted  and  encouraged  to  go  on. 
— Id.  156.  A  contract  valid  on  its  face,  actually  carried  out  in  full  with 


28 


GENERAL  SCHOOL  LAWS. 


the  acquiescence  of  all  concerned,  cannot  be  subsequently  repudiated. — Id. 
The  provision  that  the  contract  shall  require  the  teacher  to  keep  a  list  of 
the  pupils,  etc.,  is  merely  directory.  Its  omission  will  not  invalidate  the 
contract. — Everett  v.  Sch.  Dist.,  30  /  249.  A  district  school  board  cannot 
discharge  a  teacher  for  incompetency,  in  the  absence  of  a  provision  to  that 
effect  in  the  contract. — Carver  v.  Sch.  Dist.,  113  /  524.  Where  a  contract 
has  been  terminated  by  the  board,  mandamus  will  not  lie  to  review  the 
board's  action  and  compel  payment  of  salary  claimed  under  the  contract. — 
Coffin  v.  Detroit  Bd.  of  Ed.,  114  /  342 ;  Langston  v.  Sch.  Dist.  No.  3  of 
Springwells,  121  /  654.  A  resolution  to  hire  does  not  constitute  a  contract. 
All  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of  Spring- 
wells.  121  /  654. 

QUALIFIED  TEACHER :  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certificate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook,  47  / 112.  Normal  school  certificate  not  filed  or  recorded 
In  the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v. 
Sch.  Dist.,  69  /  591.  Since  the  statute  makes  invalid  a  contract,  where  the 
teacher  holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of 
a  recovery  of  salary. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

HOLIDAYS  AND  INTERRUPTIONS:  Teaching  contracts  for  stated  per- 
iods, are  subject  to  the  observance  of  recognized  holidays  and  there  can  be 
no  deductions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v.  Gage, 
39/484;  Holloway  v.  Sch.  Dist,  62/156.  Suspension  of  school  during  the 
prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
for  the  time  the  school  is  closed. — Dewey  v.  Sch.  Dist.,  43  /  480.  Payment 
of  wages  after  the  burning  of  the  schoolhouse. — Smith  v.  Sch.  Dist.,  69  /  589. 

WAGES  NOT  GARNISHABLE:  A  teacher's  wages  cannot  be  reached  by 
garnishment. — Sch.  Dist.  v.  Gage,  43/484. 

CONTRACTS :  Under  this  section,  providing  that  school  teachers'  con- 
tracts shall  be  In  writing,  and  signed  by  a  majority  of  the  district  board,  and 
shall  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
employment  of  a  specified  person,  though  supplemented  by  conversations  be- 
tween such  person  and  individual  members  of  the  board  in  respect  to  the 
terms  of  employment,  and  by  the  action  of  the  person  designated  in  appear- 
ing at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days 
without  objection,  does  not  constitute  a  contract  of  hiring  binding  upon  the 
district. — Langston  v.  Sch.  Dist.  No.  3  of  Springwells  Twp.,  121  /  654. 
Under  a  teacher's  contract  providing  that  she  should  teach  certain  terms  at 
a  stipulated  salary  "providing  satisfaction  is  given  to  the  school  board"  the 
board  had  a  right  to  say  whether  she  should  teach  the  spring  term,  and 
she  having  been  notified  of  their  determination  not  to  employ  her  before 
the  time  for  the  term  to  commence  she  could  not  recover  her  salary  though 
before  notice  she  had  taught  one  day  under  a  claim  that  the  spring  term 
had  begun. — Kingston  v.  Sch.  Dist.  No.  5,  Decatur  Twp.,  140/603.  When 
a  teacher's  contract  provides  that  it  may  be  terminated  on  thirty  days' 
notice,  a  notice  to  terminate  is  effectual  though  given  before  the  commence- 
ment of  service  and  it  is  within  the  powers  of  the  board  of  education  to 
make  such  contract. — Dees  v.  Board  of  Education  of  Detroit,  146  /  64. 
Under  the  above  section,  requiring  all  contracts  by  school  district  boards 
with  teachers  to  be  in  writing,  an  oral  contract  with  a  teacher  to  continue 
the  school  for  a  month  after  the  expiration  of  his  written  contract  is  not 
enforceable,  though  such  teacher  has  performed  the  services. — Hutchins  v. 
School  District  No.  1  of  Coif  ax  Township,  128/177. 

CONTRACTS  AND  QUALIFIED  TEACHERS :  A  contract  between  a 
teacher  and  a  graded  school  district  is  invalid,  unless  the  teacher,  at  the 
time  of  making  the  contract  has  the  certificate  required  by  section  176, 
authorizing  her  to  teach  during  the  term  covered  by  the  contract ;  obtain- 
ing a  certificate  after  the  making  of  the  contract,  and  before  the  commence- 
ment of  school,  is  not  a  compliance  with  the  statute. — McCloskey  v.  Sch.  Dist. 
No.  5  Wheatland,  134/235. 

Care  and  use         (60)     §  4679.     SEC.  14.     The  district  board  shall  provide 
house  a  water  supply  for  pupils,  have  the  care  and  custody  of  'the 

schoolhouse  and  other  property  of  the  district,  except  so  far 
as  the  same  shall  by  vote  of  the  district  be  especially  confided 
to  the  custody  of  the  director,  including  all  books  purchased 
for  the  use  of  indigent  pupils,  and  shall  open  the  schoolhouse 
for  public  meetings  unless  by  a  vote  at  a  district  meeting  it 
el0duddempJbiic  sha11  be  determined  otherwise:  Provided,  That  said  board 
m*J  exclude  such  public  meetings  during  the  five  school  days 
of  each  week  of  any  and  all  school  terms,  or  such  parts  there 
of  as  in  their  discretion  they  may  deem  for  the  best  interest  of 
the  schools. 


GENERAL   SCHOOL  LAWS.  29 

Am.    1901,    Act    146. 

The  board  has  the  care  and  custody  of  all  the  property  and  moneys  of 
the  district,  except  what  may  be  especially  confided  to  the  director. — Manard 
v.  Woodward,  36  /  424  ;  Eckhardt  v.  Darby,  118  /  199. 

(61)      §  4680.     SEC.  15.     The  district  board  shall  specify  sBp°eaJfdyto 
the  studies  to  be  pursued  in  the  schools  of  the  district  [dis-  studies, 
tricts],  and  in  addition  to  the  branches  in  which  instruction  et 
is  now  required  by  law  to  be  given  in  the  public  schools  of  the 
state,  instruction  shall  be  given  in  physiology  and  hygiene, 
with   a  special  reference  to  the  nature  of  alcohol  and  nar- 
cotics, and  their  effects  upon  the  human  system.     Such  in- 
struction shall  be  given  by  the  aid  of  text  books  in  the  cass 
of  pupils  who  are  able  to  read,  and  as  thoroughly  as  in  other 
studies  pursued  in  the  same  school.     The  text  books  to  be  Kindbofokg 
used  for  such  instruction  shall  give  at  least  one-fourth  of  toVe  used. 
their  space  to  the  consideration  of  the  nature  and  effects  of 
alcoholic  drinks  and  narcotics,   and  the  books  used  in  the 
highest  grade  of  graded  schools  shall  contain  at  least  twenty 
pages  of  matter  relating  to  this  subject.    Text  books  used  in  Text-books, 
giving  the  foregoing  instructions  shall  first  be  approved  by  approved, 
the  state  board  of  education.     Each  school  board  making  a  etc- 
selection  of  text  books  under  the  provisions  of  this  act  shall 
make  a  record  thereof  in  their  proceedings,  and  text  books  once 
adopted  under  the  provisions  of  this  act  shall  not  be  changed 
within  five  "years,  except  by  the  consent  of  a  majority  of  the 
qualified  voters  of  the  district  present  at  an  annual  meeting, 
or  at  a  special  meeting  called  for  that  purpose.    The  district 
board  shall  require  each  teacher  in  the  public  schools  of  such  teacher  to 
district,  before  placing  the  school  register  in  the  hands  of  the  ce 
directors   [director],  as  provided  in  section  thirteen  of  this 
act,  to  certify  therein  whether  or  not  instruction  has  been 
given  in  the  school  or  grade  presided  over  by  such  teacher,  as 
required  by  this  act,  and  it  shall  be  the  duty  of  the  director 
of  the  district  to  file  with  the  township  clerk  a  certified  copy 
of  such  certificate.    Any  school  board  neglecting  or  refusing  Punishment 
to  comply  with  any  of  the  provisions  of  this  act  shall  be  sub- f 
ject  to  fine  or  forfeiture  the  same  as  for  neglect  of  any  other 
duty  pertaining  to  their  office.     This  act  shall  apply  to  all 
schools  in  the  state,  including  schools  in  cities  or  villages, 
whether   incorporated   under   special    charter   or   under  the 
general  laws. 

Western  Pub.  House  v.  Sch.  Dist.,  94  /  265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  an- 
nual school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule 
of  the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions 
and  resolutions. — Id.  347.  As  to  suspensions  of  by-law  regulating  adoption 
of  text-books,  see  Kendall  v.  Board  of  Education,  106  /  681. 

TEXT-BOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  to  protect  the  public 
and  not  for  the  benefit  of  book  publishers.  A  resolution  of  the  board  di- 
recting the  purchase  of  a  specified  number  of  text-books  for  use  in  the  school 
constituted  an  adoption  of  that  book.  The  five  years  began  to  run  from 
the  date  of  such  resolution,  not  from  the  time  the  books  were  completely 
Installed  in  the  school.  The  provisions  of  the  statute  that  all  text-books 
shall  be  uniform  in  any  one  subject,  requires  uniformity  in  the  books  used 
in  the  same  grade  only,  and  does  not  require  that  all  text-books  used  in  the 
different  grades  on  the  same  subject  shall  be  of  the  same  series.  A  resolution 


30 


GENERAL  SCHOOL  LAWS. 


of  the  board  to  purchase  certain  text-books  for  "supplementary  use''  shows 
no  intention  to  adopt,  and  Js  illegal  and  void.— Att'y  Gen.  ex  rel.  Marr  v. 
Bd.  Edu.  Detroit,  133/681. 


Purchase  of 
books  for 
poor   children 


Board  to 
establish 
rules  for 
schools. 


May  suspend 
or  expel  ;cj 
disorderly 
pupils. 

Penalty  for 

disturbing 

school. 


(62)  §  4681.     SEC.  16.     The  district  board  may  purchase 
at  the  expense  of  the  district,  such  text  books  as  may  be  nec- 
essary for  the  use  of  children  when  parents  are  not  able  to 
furnish  the  same,  and  they  shall  include  the  amount  of  such 
purchase  in  the  report  to  the  township  clerk  or  clerks,  to  be 
levied  in  like  manner  as  other  district  taxes. 

(63)  §  4682.     SEC.  17.     The  district  board  shall  have  the 
general  care  of  the  school,  and  shall  make  and  enforce  suit- 
able rules  and  regulations  for  its  government  and  manage- 
ment, and  for  the  preservation  of  the  property  of  the  district. 
Said  board  may  authorize  or  order  the  suspension  or  expul- 
sion from  the  school,  whenever  in  its  judgment  the  interests 
of  the  school  demand  it,  of  any  pupil  guilty  of  gross  mis- 
demeanor or  persistent  disobedience.     Any  person  who  shall 
disturb  any  school  by  rude  and  indecent  behavior,  or  by  pro- 
fane or  indecent  discourse,  or  in  any  other  way  make  such  dis- 
turbance, shall,  on  conviction  thereof,  be  punished  by  a  fine 
not  less  than  two  nor  more  than  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  thirty  days. 

EXPULSION  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must  be  gross — something  more  than  a  petty  or  trivial  offense  against  the 
rules — or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious. — Holman  v.  Sch.  Dist..  77  /  609. 

MISDEMEANOR :  The  meaning  of  the  word  ''misdemeanor"  in  this  sec- 
tion is  gross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act. 
—Holman  v.  Sch.  Dist.,  77/606-7. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vac- 
cinated before  attending  the  public  school.  George  Mathews,  having  three 
children  of  school  age  who  had  not  been  vaccinated,  brought  mandamus  pro- 
ceedings in  the  circuit  court  to  compel  the  school  board  to  admit  the  chil- 
dren to  the  public  school.  Held,  that  school  board  under  this  section  had  no 
authority  to  compel  children  to  be  vaccinated  before  entering  public  school. 
It  is  the  opinion  of  the  court,  however,  that  in  case  there  had  been  an 
epidemic  of  smallpox  in  the  city  at  that  time  the  board  would  have  the 
authority  to  temporarily  close  the  school,  or  say  who  shall  be  excluded  from 
the  school  until  the  epidemic  is  passed.  A  school  district  board,  by  virtue 
of  the  authority  conferred  on  it  by  statute  to  enact  rules  for  the  manage- 
ment of  the  schools,  has  no  power  to  adopt  a  general,  continuing  rule,  opera- 
tive without  regard  to  varying  conditions,  excluding  from  the  schools  all 
pupils  who  have  not  been  vaccinated. — Mathews  v.  Kalamazoo  Board  of  Edu- 
cation, 127/530. 

RULES:     A  board   of  education  under  authority  of  the  statute  has  power 

to  make  rules   requiring  children   to   go   directly   home   after   school. — A   prin- 

opo  /  -.I  liable   for   damages    who    enforces    such    a    rule. — Jones   v.    Cody, 

lo^  /  lo» 


Who  can  at- 
tend school. 

No  separate 
school  on 
account  of 
race,  etc. 

Grading  not 
prevented. 


(64)  §  4683.  SEC.  18.  All  persons  residents  of  any 
school  district,  and  five  years  of  age,  shall  have  an  equal  right 
to  attend  any  school  therein;  and  no  separate  school  or  de- 
partment shall  be  kept  for  any  persons  on  account  of  race  or 
color:  Provided,  That  this  shall  not  be  construed  to  prevent 
the  grading  of  schools  according  to  the  intellectual  progress 
of  the  pupil,  to  be  taught  in  separate  places  as  may  be  deemed 
expedient. 

It    is    the    requirement    of    the    general    law    that    the    right    to    attend    the 


GENERAL   SCHOOL  LAWS.  31 

schools  shall  be  possessed  equally  and  impartially  by  all  classes  of  residents. 
— People  v.  Detroit  Bd.  of  Ed.,  18/413.  And  mandamus  will  lie  at  the  in- 
stance of  a  father  to  compel  the  admission  of  his  child  to  school. — Id. 

(65)  §  4684.     SEC.  19.    The  district  board  may  admit  to  gj|£gt 
the  district  school  non-resident  pupils,  and  may  determine  the  aXnitSnon-y 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which  ptfPuesnt 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than 

the  average  cost  per  capita  for  the  number  of  pupils  of  school 
age  "in  the  district.     Children  who  are  being  cared  for  at  children  who 
county  expense  shall  be  admitted  to  the  school  in  the  district  chlrge°tonbe 
whose  schoolhouse  is  nearest  the  county  house,  on  the  same  admitted- 
terms  that  other  non-resident  pupils   are  admitted.     When 
non-resident  pupils,  their  parents  or  guardians,  pay  a  school 
tax  in  said  district,  such  pupils  shall  be  admitted  to  the 
schools  of  the  district,  and  the  amount  of  such  school  tax 
shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition,  and  they  shall  only  be  required  to  pay 
tuition  for  the  difference  therein. 

TUITION :  Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of 
tuition  of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the 
director  in  the  records  of  the  district. — Thompson  v.  Sch.  Dist.,  25/483. 

MODERATOR. 

(66)  §  4685.    SEC.  20.    It  shall  be  the  duty  of  the  moder-  Duties, 
ator  of  each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis-  TO  preside, 
trict  and  of  the  board; 

Second,   To   countersign   all   orders  legally  drawn  by  the  countersign 
director  upon  the  treasurer  for  moneys  to  be  disbursed  by  the  orders«  etc- 
district,  and  all  warrants  of  the  director  upon  the  township 
treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of  when  to 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of  Sn  treasur- 
any  condition  thereof;  er'sbond. 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

Am.    1903,   Act   49. 

SECOND :  Countersigning  orders. — Wall  v.  Eastman,  1  /  268 ;  Sch.  Dist. 
v.  Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — Stockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341 ;  People  v.  Bender,  36  /  195.  But  it  must  be  a  very 
plain  case  of  wrong  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  36  / 197.  The  director  is  a 
proper  relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 

Where  an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and 
is  signed  by  the  school  officers  in  the  ordinary  place  for  signatures,  and  at 
the  left,  in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers 
of  said  district,  and  payment  guaranteed,"  and  a  space  left  underneath  for 
the  signatures  of  the  guarantors.  Held,  That  the  purchaser  took  the  order 
subject  to  the  authority  of  the  school  district  to  issue.  That  such  school 
officers  are  not  liable  as  guarantors. — Bailey  v.  Tompkins,  127  /  74. 


32 


GENERAL   SCHOOL  LAWS. 


DIRECTOR. 


Director, 
duties. 


To  record 
proceedings. 


Notice  of 
meetings. 


Warrants 
and  orders. 


Teachers' 
contracts. 


Appendages. 


What 
constitutes. 


Other 
apparatus. 


To  keep 
accounts. 


Estimate  of 
expenses. 


To  preserve 
reports. 


(67)  §  4686.  SEC.  21.  It  shall  be  the  duty  of  the  director 
of  each  school  district : 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings, 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other 
proceedings  of  the  board  in  proper  record  books; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be 
required  to  give  notice  of  in  accordance  with  the  provisions  of 

law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes,  or  ap- 
portioned to  the  district  by  the  township  clerk,  payable  to 
the  treasurer  of  the  district,  and  orders  upon  the  treasurer 
for  all  moneys  to  be  disbursed  by  the  district,  and  present 
them  to  the  moderator,  to  be  countersigned  by  that  officer. 
Each  order  shall  specify  the  object  for  which  and  the  fund 
upon  which  it  is  drawn; 

Fifth;  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school- 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages within  the  meaning  of  the  law  shall  consist  of  the  follow- 
ing articles,  to-wit:  A  set  of  wall  maps,  the  grand  divisions, 
the  United  States  and  Michigan,  not  exceeding  twelve  dollars 
in  price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars,  a  reading  chart  not  exceeding  five 
dollars,  and  a  case  for  library  books  not  exceeding  ten  dol- 
lars; also  a  looking-glass,  comb,  towel,  water  pail,  cup, 
ash  pail,  poker,  stove  shovel,  broom,  dust  pan,  duster,  wash 
basin  and  soap,  and  upon  the  order  of  the  district  board  shall 
furnish  the  schoolhouse  with  such  other  apparatus  as  may  be 
necessary  for  doing  efficient  work; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred by  him  as  director,  and  such  accounts  shall  be  audited 
by  the  moderator  and  treasurer,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose; 

Eighth,  To  present  at  each  annual  meeting  an  estimate  of 
the  expenses  necessary  to  be  incurred  during  the  ensuing 
year  by  the  director  as  provided  by  law,  and  for  the  payment 
of  the  services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the 
school  inspectors  and  safely  preserve  and  keep  all  books, 
papers  and  other  documents  belonging  to  the  office  of  director 
or  to  the  district,  when  not  otherwise  provided  for,  and  to 
deliver  the  same  to  his  successor  in  office; 


GENERAL  SCHOOL  LAWS.  33 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties. 

quired  of  the  director  by  law  or  the  district  board. 

\ 

Am.   1901,   Act  165  ;   1909,   Act   173. 

SECOND  :  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol. — Thompson  v.  Sch.  Dist.,  25  /  488. 

FOURTH  :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named.— 
Fox  v.  Shipman,  19  /  218  ;  Burns  v.  Bender,  36  /  195.  See  Sch.  Dist.  v.  Mal- 
lary,  23  /  111  ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary, 
but  absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign 
all  orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36/197.  The 
township  treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50  /  225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the 
director,  countersigned  by  the  moderator. — Burns  v.  Bender,  36  / 195  ;  Mid- 
land Sch.  Dist.  v.  Sch.  Dist.,  40  /  551  ;  Sch.  Dist.  v.  Mallary,  23  /  111. 

SIXTH:  See  section  46  subd.  7.  See,  also,  Sch.  Dist.  v.  Snell,  24/350; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the 
schoolhouse  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
46/127. 

SEVENTH :  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  dis- 
trict on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass 
upon  the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH  :  Prior  to  1859,  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  /  168. 

^  (68)     §  4687.     SEC.  22.    It  shall  be  the  duty  of  all  school  School  board 
boards  and  boards  of  education  in  this  state  to  make  an  an-  innmu  Census. 
riual  school  census  in  their  respective  districts  or  cities  as  is 
provided  in  this  section : 

First,  In  all  school  districts,  except  in  incorporated  cities  when  taken. 
having  a  population  of  three  thousand  or  over,  writhin  fifteen 
days  next  previous  to  the  first  Monday  in  June  of  each  year, 
the  director,  or  such  other  reputable  and  capable  person  or  who  to  make 
persons   as  the   district  board   may  appoint,   shall   take  the  enumeration. 
school  census  of  the  district  and  make  a  list  in  writing  of  Data  required, 
the  names  and  ages  of  all  the  children  who  "are  five  years  of 
age,  and  under  twenty  years  of  age,  wrhose  parents  or  legal 
guardians  reside  therein,  the  names  of  said  parents  or  guard- 
ians, giving  street  and  residence  number  in  villages  and  cities, 
in  such  form  as  the  superintendent  of  public  instruction  may 
prescribe,  and  said  list  shall  be  verified  by  the  oath  or  affirma-  List  verified 
tion  of  the  person  taking  such  census,  by  affidavit  appended  bv  oath- 
thereto  or  indorsed  thereon,  setting  forth  that  it  is  a  correct 
list  of  the  names  of  all  the  children  between  the  ages  afore- 
said residing  in  the  district.     Said  affidavit  may  be  made 
before  the  township  clerk  or  other  officer  authorized  by  hnv 
to  take  acknowledgments;  and  said  verified  census  list  shall  when 
be  returned  with  the  annual  report  of  the  director  to  the  returned- 
township  clerk  before  the  first  Monday  in  August  thereafter. 
The  director,  or  other  person  employed  by  the  board  of  edu  Compensation. 
cation,  may  receive  as  compensation  for  taking  said  census, 
such  sum  as  the  school  board  may  direct,  not  exceeding  one 
hundred  dollars. 

Second,  In  all  incorporated  cities  or  special  legislative  dis-  in  cities, 
trict  having  a  population  of  three  thousand  or  over,  within 
5 


34 


GENERAL  SCHOOL  LAWS. 


Taken  by 
wards. 

Data  required 


List  verified. 


Certain 
children  not 
included. 


Exceptions. 


dence. 


Indian 
children. 


Domestics, 
etc. 


Cities,  when 
census  com- 
piled. 


Affidavit  of 
secretary. 


When  trans- 
mitted to 
Supt.  Public 
Instruction. 


twenty  days  next  previous  to  the  first  Monday  in  June  of 
each  year/ the  secretary  of  the  board  of  education,  or  other 
reputable  and  capable  person  or  persons  employed  by  the 
board  of  education,  shall  take  the  school  census  of  such  city 
as  follows: 

(a)  The  census  shall  be  taken  and  reported  by  wards. 

(b)  Each  enumerator  shall  make  a  list  in  writing  of  the 
names  and  ages  of  all  children  who  are  five  years  of  age  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  in  the  ward  or  portion  of  the  ward  allotted  to  said 
enumerator,  together  with  the  names  of  said  parents  or  legal 
guardians,  giving  the  street  and  residence  number  in  each 
case,  said  list  to  be  in  such  form  as  the  superintendent  of 
public  instruction  may  prescribe,  and  it  shall  be  verified  by 
the  oath  or  affirmation  of  the  person  making  the  same,  by, 
affidavit  appended  thereto  or  indorsed  thereon,  setting  forth 
that  it  is  a  correct  list  of  the  parents  or  legal  guardians,  their 
street  and  residence  number,  the  names  and  ages  of  all  the 
children  between  the  ages  aforesaid  residing  in  the  ward  or 
part  thereof  as  allotted  to  him. 

Third,  In  taking  the  census  in  any  school  district  or  city, 
the  director  or  enumerators  shall  not  include  in  the  census 
the  names  of  any  child  or  children  in  reformatories  or  pris- 
ons; nor  the  names  of  any  child  or  children  in  asylums,  alms- 
houses,  or  other  charitable  institutions,  except  as  follows: 

(a)  Children  in  such  institutions  who  regularly  attend 
the  public  schools. 

(b)  Orphans  whose  parents  at  the  time  of  death  resided 
in  such  school  district  or  city. 

Children  of  either  class  shall  be  included  in  the  district 
or  ward  where  such  institution  is  located,  except  children  in 
class  (a)  where' the  parents,  or  either  of  them,  reside  in  the 
city  or  district,  and  in  such  cases  the  legal  residence  of  the 
child  is  that  of  the  parent.  Indian  children  shall  not  be  in- 
cluded in  any  census,  unless  they  attend  the  public  school 
or'  their  parents  are  liable  to  pay  taxes  in  the  district  or 
city.  Domestics,  bell  boys  and  other  servants,  if  entitled  to 
be  included  in  the  census,  must  be  recorded  at  the  residence 
of  their  parents  or  legal  guardians. 

Fourth,  In  cities  having  a  population  of  three  thousand 
or  over,  the  secretary  of  the  board  of  education  and  the  sev- 
eral enumerators  shall,  immediately  after  the  first  Monday 
in  June  in  each  year,  compare,  correct  and  compile  the  entire 
census.  The  said  secretary  of  the  board  of  education  shall 
then  attach  thereto  his  affidavit  that  the  several  enumerators 
were  duly  employed  by  the  board  of  education  and  that  said 
census  has  been  properly  compared,  corrected  and  compiled ; 
and  forthwith,  and  before  the  second  Monday  in  July  there- 
after, transmit  to  the  superintendent  of  public  instruction 
the  entire  census,  together  with  his  affidavit  and  the  affidavits 
of  the  several  enumerators,  and  at  the  same  time  he  shall 


GENERAL  SCHOOL  LAWS.  35 

transmit  to  said  superintendent  the  annual  statistical  and 
financial  report  of  said  city  or  district. 

Am.    1903,   Act   218;   1905,   Act   36. 

(69)  §  4688.     SEC.  22a.     Any  person  who  shall  refuse  to  |J$|J^a^J 
give  any  census  enumerator  of  school  children  the  necessary  mformation 
information  for  the  compiling  of  a  correct  census  or  who  shall  census.001 
intentionally  give  to  such  enumerator  any  false  information 

as  to  the  names  or  ages  of  school  children  or  as  to  the  names 
or  residence  of  the  parents  or  guardians  of  any  school  child- 
ren, or  any  school  census  enumerator  who  shall  perform  his 
duties  carelessly  or  negligently  or  shall  include  in  the  list  of 
names  of  school  children  any  children  who  are  not  actually 
residents  of  the  city  or  district,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction,  shall  be  liable  to  a  fine  of  not  less  than  five  dol- 
lars nor  more  than  fifty  dollars,  or  to  imprisonment  in  the 
county  jail  for  not  more  than  twenty  days,  or  both  such  fine 
and  imprisonment  in  the  discretion  of  the  court. 

Am.    1905,   Act    208. 

(70)  §  4689.     SEC.   23.     The   director  shall   also,  at  the  Report  to 

school  mspec- 

end  of  the  school  year,  and  previous  to  the  first  Monday  in  tors,  what 
August  in  each  year,  deliver  to  the  township  clerk,  to  be  filed  tf 
in  his  office,  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing : 

First,  The  whole  number  of  children  belonging  to  the  dis 
trit't  between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to 
each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age  have  attended  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school ; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 

Am.    1905,   Act  36. 


36 


GENERAL  SCHOOL  LAWS. 


Where 
director  of 
fractional 
district  to 
report. 


(71)  §  4690.  SEC.  24.  The  director  of  each  fractional 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship in  which  the  schoolhouse  is  situated,  and  shall  also  re- 
port to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of  five 
and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 


Duty  of 
treasurer. 

To  execute 
bond. 


Premium, 
form  of 
bond.  etc. 


Filing  of 
bond. 


Proviso,  de- 
positing of 
funds,  interest 
where  credited. 


To  pay 
orders. 


Receipts 
and  dis- 
bursements. 


Yearly 
report. 


TREASURER. 

(72)  §  4691.  SEC.  25.  It  shall  be  the  duty  of  the  treas- 
urer of  each  school  district : 

First,  To  execute  to  the  district  and  file  with  the  director, 
within  ten  days  after  his  election  or  appointment,  a  bond  in 
the  full  amount  of  money  to  come  into  his  hands  during  each 
year  of  his  term  of  office,  as  near  as  the  same  can  be  ascer- 
tained, with  two  or  more  sureties,  each  of  whom  shall  be 
required  to  justify  in  writing  and  under  oath  to  the  amount 
for  which  he  is  holden  in  said  bond ;  or  the  treasurer  may  fur- 
nish the  bond  of  some  surety  company  authorized  to  do  busi- 
ness in  this  state.  The  premium  on  said  surety  bond,  if  pur- 
chased, shall  be  paid  by  the  district;  the  form  of  the  bond, 
the  penalty  and  sufficiency  of  the  sureties  to  be  subject  to 
the  approval  of  the  moderator  and  director,  conditioned  for 
the  faithful  performance  of  his  duties  and  the  proper  applica- 
tion of  all  moneys  that  shall  come  into  his  hands  by  virtue 
of  his  office.  Said  bond  shall  be  filed  with  the  director,  and 
none  of  the  books  or  money  of  the  district  shall  be  placed  in 
the  hands  of  the  treasurer  until  his  bond  has  been  so  approved 
and  filed,  and  in  case  of  any  breach  of  the  conditions  thereof 
the  moderator  shall  cause  a  suit  to  be  commenced  thereon  in 
the  name  of  the  district,  and  any  moneys  collected  thereon 
shall  be  paid  into  the  township  treasury  subject  to  the  order 
of  the  district  officers,  and  shall  be  applied  to  the  same  pur- 
poses as  the  moneys  lost  should  have  been  applied  by  the 
treasurer:  Provided,  That  if  the  treasurer  shall  deposit  the 
money  in  any  bank  or  trust  company  authorized  to  do  busi- 
ness in  this  state,  such  deposit  shall  "be  made  in  his-  name  as 
treasurer  of  the  district,  and  any  and  all  interest  paid  by  such 
bank  or  company  on  such  deposits  shall  be  accounted  for  by 
the  treasurer  to  the  district  and  credited  to  the  general  fund; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully 
drawn  and  countersigned  by  the  moderator,  out  of  any 
moneys  in-  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn; 

Third,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,  To  present  to  the  district  board  at  the  close  of 
the  school  year  a  report  in  writing,  containing  a  statement 
of  all  moneys  received  during  the  preceding  year  and  of  each 


GENERAL   SCHOOL  LAWS.  37 

item  of  disbursements  made,  and  exhibit  the  voucher  there- 
for; 

Fifth.  To  appear  for  and  on  behalf  of  the  district  in  all  TO  appear 

, .         . .  for  district. 

suits  brought  by  or  against  the  same  when  no  other  directions 
shall  be  given  by  the  qualified  voters  in  district  meeting,  ex- 
cept in  suits  in  which  he  is  interested  adversely  to  the  dis- 
trict, and  in  all  such  cases  the  moderator  shall  appear  for 
such  district  if  no  other  directions  be  given  as  aforesaid; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents  and  papers  belonging  to  the  office 
of  treasurer,  together  with  all  district  moneys  remaining  on 
hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall 
be  by  law  required  of  the  treasurer. 

Am.    1901,   Acts  62,   165  ;    1903,  Acts   21,   49 ;   1907,   Act  91  :    1909,   Act*  83. 

FIRST :  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received  as  well  as  action  on  his*  bond. — Mason  v.  Sch.  Dist.,  34/228.  See 
Welch  v.  Frost.  1  /  30  :  also,  Bryant  v.  Moore,  50  /  225. 

SECOND:  See  section  66,  subd.  2.  and  section  67,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district. — Sch.  Dist.  v.  Mallary, 
23/111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders. — Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  Moneys  in  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assessor. — -Burns  v. 
Bender,  36/198.  An  assessor  cannot  pay  out  any  money  lawfully  without 
a  warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  no 
authority  has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist.,  45  /  496.  But 
interest  may  be  allowed  from  demand  when  mandamus  is  granted  for  pay- 
ment, when  its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery 
of  interest  at  law. — Martin  v.  Tripp,  51  /  184.  Mandamus  lies  to  compel 
a  district  to  pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v. 
Sch.  Dist.,  45  /  496.  And  to  compel  an  assessor  to  pay  a  school  order,  where 
the  court  is  satisfied  that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  / 
184.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application 
for  mandamus  to  require  an  assessor  to  pay  a  warrant  drawn  on  him  — 
Allen  v.  Frink,  32  /  96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting ;  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing.  30/351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  di- 
rector's warrants,  see  Burns  v.  Bender,  36  /  197. 

SIXTH :  Deposits  in  a  bank :  Where  money  belonging  to  a  board  of 
education  or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of 
the  board  and  the  district  receives  interest  thereon,  the  district  does  not  be- 
come a  preferred  creditor  upon  failure  of  bank. — Bd.  of  Ed.  City  of  Detroit 
v.  Union  Trust  Co.,  136/454. 

LIABILITIES  ON  BOND:  Misconduct  of  a  board  of  education  in  ap- 
pointing a  certain  person  treasurer  in  consideration  of  a  promise  to  pay 
interest  on  funds  does  not  render  appointment  void  nor  release  sureties.  The 
depositing  of  funds  in  a  bank  of  which  the  treasurer  is  an  officer  does  not 
make  the  denosit  the  board's  act  so  as  to  release  sureties  on  the  treasurer's 
bond. — Board  of  Education  of  Detroit  v.  Andrews,  142  /  484. 


38 


GENERAL  SCHOOL  LAWS. 


CHAPTER  IV. 


Triplicate 
reports, 
when 
township 
clerk  to 
make,  etc. 


Copies, 

where 

filed. 


Proviso,  in 
case  of 
township 
district. 


Further 

proviso, 

legally 

qualified 

teachers. 


Primary 
money,  when 
forfeited. 


TOWNSHIP  CLERK. 

(73)     §  4698.    SEC.  7.    The  township  clerk  shall  receive  the 
annual  reports  of  the  school  directors  of  his  township,  and  on 
the  first  Monday  of  August  in  each  year  he  shall  make  tripli- 
cate reports  setting  forth  the  whole  number  of  school  dis- 
tricts in  his  township,  if  any,  the  amount  of  money  raised 
and  received  for  school  libraries  and  such  other  items  as  shall 
from  year  to  year  be  required  by  the  superintendent  of  public 
instruction,  together  with  the  several  particulars  set  forth  in 
the  reports  of  the  several  school  directors  for  the  preceding 
year,  and  within  ten  days  thereafter  he  shall  forward  two 
copies  of  the  same,  together  with  two  copies  of  each  of  the  re- 
ports from  school  directors  to  the  county  commissioner  of 
schools  and  file  the  other  copy  or  copies  of  these  reports  in  his 
office,  and  he  shall  receive  all  communications,  blanks  and 
documents  transmitted  to  him  by  .the  superintendent  of  pub- 
lic instruction  and  dispose  of  the  same  in  the  manner  directed 
by  said  superintendent :     Provided,  That  in  case  the  town- 
ship is  organized  into   a  township  district  or  a  fractional 
township  district  the  board  of  education  of  such  township 
district   or  fractional   township   district   shall   meet   on   the 
first  Monday  in  August  and  make  the  triplicate  reports  to 
the  superintendent  of  public  instruction,  and  in  such  cases 
this  report  shall  take  the  place  of  the  report  above  provided 
for  to  be  made  by  the  township  clerk,  and  the  said  -board 
shall  dispose  of  its  reports  in  the  same  manner  as  is  pro- 
vided for  the  township  clerk:     Provided  further,   That  the 
county  commissioner  of  schools  shall  annually  send  to  each 
township  clerk  and  to  the  secretary  of  each  board  of  educa- 
tion a  complete  list  of  the  legally  qualified  teachers  of  the 
county,  and  at  the  time  the  township  clerk  shall  make  the 
triplicate  reports  herein  provided  for  he  shall  compare  the 
list  of  teachers  employed  in  the  township  with  said  complete 
list  of  teachers,  and  if  in  any  school  district  or  in  the  town- 
ship district  a   school  shall   not  have  been   taught  for  the 
time  required  by  law  during  the  preceding  year  by  a  legally 
qualified  teacher,  no  part  of  the  primary  school  interest  fund 
shall  be  distributed  to  such  district  or  to  such  proportional 
part  of  the  township,  although  the  report  from  such  district 
or  township  shall  set  forth  that  a  school  or  schools  have  been 
so  taught,  and  it  shall  be  the  duty  of  the  township  clerk  or 
the   board   of  education,   when   said   board   shall   make  the 
reports  as  hereinbefore  provided,  to  certify  all   these  facts 
as  to  the  employment  of  teachers  to  the  superintendent  of 
public  instruction. 

Am.   1900,   Act   29. 

Sections  1-6.  inclusive,  and  section  8  were  repealed  by  Act  29  of  1909. 


GENPiRAL   SCHOOL  LAWS.  39 

(74)  §  4700.    SEC.  9.    Each  township  clerk  shall  make  or  Map  show- 
cause  to  be  made  a  map  of  his  township,  showing  by  distinct  districts?1 
lines  thereon  the  boundaries  of  each  school  district  and  parts 

of  school  districts  therein,  if  such  school  districts  exist,  and 
shall  regularly  number  the  same  thereon  as  established  by 
proper  authority.    One  copy  of  such  map  shall  be  filed  by  said  copies, 
clerk  in  his  office  and  one  other  copy  he  shall  file  with  the  w 
supervisor  of  the  township.     If  any  division  or  alteration  is  Alterations. 
at  any  time  made  in  the  boundaries  of  any  district  or  of  any 
township  district,  the  township  clerk  shall  within  one  month 
thereafter  file  a  new  map  and  copy  thereof  as  aforesaid  show- 
ing such  changes. 

Am.  Id. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown 
by  parol,  without  producing  maps,  plats  or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

(75)  §  4701.     SEC.  10.     It  shall  be  the  duty  of  the  town- 
ship  clerk  of  each  township,  on  or  before  the  first  day  of  Octo- 

ber  in  each  year,  to  make  and  deliver  to  the  supervisor  of  his  taxes- 
township  a  certified  copy  of  all  statements  on  file  in  his  office 
of  moneys  proposed  to  be  raised  by  taxation  in  each  of  the 
several  school  districts  of  the  township,  if  any,  for  school 
purposes,  or  to  be  raised  by  any- township  district,  whole  or 
fractional,  for  such  purposes.  In  case  such  condition  shall  in  case  of 

i          i     i  -i  i  •  P       i       it  •  ,t  j        i      division  of 

arise,  he  shall  certify  to  the  supervisor  the  amount  to  be  district, 
assessed  upon  the  taxable  property  of  any  school  district  re- 
taining the  district  schoolhouse  or  other  property  on  the 
division  of  the  district  as  the  same  shall  have  been  determined 
by  proper  authority,  and  he  shall  also  certify  the  same  to  the 
director  or  secretary  of  such  district  and  to  the  director  or 
secretary  of  the  district  entitled  thereto. 

Am.  Id.  ! 

(76)  §  4702.     SEC.    11.      On    receiving    notice    from    the  ^g^}011' 
county   treasurer   of   the    amount   of   school    moneys   appor-  school 
tioned  to  his  township,  the  township  clerk  shall  apportion  the  m 
same  amount  to  the  several  districts  therein,  or  to  the  whole 

or  fractional  township  district  entitled  to  the  same,  in  accord- 
ance with  the  statement  from  the  superintendent  of  public 
instruction  sent  to  such  township  clerk  and  based  upon  the 
annual  report  of  the  school  directors  or  the  secretary  of  the 
board  of  education  for  the  preceding  school  year,  and  he  shall 
file  said  statement  from  the  superintendent  of  public  instruc- 
tion permanently  in  the  records  of  his  office. 

Am.  Id. 

(77)  §  4703.     SEC.   12.     Said  clerk  shall  also  apportion  TO  apportion 
to  the  school  districts  in  his  township,  as  required  by  law,  on  sc 
receiving  notice  of  the  amount  from  the  township  treasurer, 

all  moneys  raised  by  township  tax,  or  received  from  other 


40 


GENERAL  SCHOOL  LAWS. 


Statement  to 

township 

treasurer. 


To  notify  di- 
rectors of 
amount  ap- 
portioned 
districts. 


sources,  for  the  support  of  schools ;  and  in  all  cases  make  out 
and  deliver  to  the  township  treasurer  a  written  statement  of 
the  number  of  children  in  each  district  drawing  money,  and 
the  amount  apportioned  to  each  district,  and  record  the  ap- 
portionment in  his  office;  and  whenever  an  apportionment  of 
the  primary  school  interest  fund,  or  moneys  raised  by  tax,  or 
received  from  other  sources,  is  made,  he  shall  give  notice  of 
the  amount  to  be  received  by  each  district  to  the  director 
thereof. 


TOWNSHIP    SUPERVISOR   AND    TREASURER. 

Assessment  (78)     §  4704.     SEC.  13.    It  shall  be  the  duty  of  the  super- 

o?dis?r!c£tion  visor  of  tne  township  to  assess  the  taxes  voted  by  every  school 
taxes.  district  in  his  township,  and  also  all  other  taxes  provided  for 

in  this  act,  chargeable  against  such  district  or  township,  upon 
the  taxable  property  of  the  district  or  township  respectively, 
and  to  place  the  same  on  the  township  assessment  roll  in  the 
column  for  school  taxes,  and  the  same  shall  be  collected  and 
returned  by  the  township  treasurer  in  the  same  manner  and 
for  the  same  compensation  as  township  taxes.  If  any  taxes 
provided  for  by  law  for  school  purposes  shall  fail  to  be  as- 
sessed at  the  proper  time,  the  same  shall  be  assessed  in  the 
succeeding  year. 

FAILURE  TO  ASSESS:  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment.— 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97  /  596. 


Taxes  not 
assessed  at 
proper  time. 


Assessment  of 
one-mill  tax. 


Proviso, 
when  assess- 
ment not  to 
be  made. 


Moneys  ap- 
portioned by 
town  clerk. 


(79)  §  4705.  SEC.  14.  The  supervisor  shall  also  assess 
upon  the  taxable  property  of  his  township,  one  mill  upon  each 
dollar  of  the  valuation  thereof  in  each  year,  and  report  the 
aggregate  valuation  of  each  district  to  the  township  clerk, 
who  shall  report  said  amount  to  the  director  of  each  school 
district  in  his  township,  or  to  the  director  of  any  fractional 
school  district  a  portion  of  which  may  be  located  in  said 
township  before  the  first  day  of  September  of  each  year :  Pro- 
vided, That  before  the  supervisor  shall  assess  said  tax  he  shall 
examine  the  reports  of  the  several  school  districts  in  his  town 
ship  for  the  preceding  year  and  if  said  reports  show,  exclus- 
ive of  funds  raised  for  building  purposes,  a  balance  on  hand 
in  any  district  of  a  sum  equal  to  or  in  excess  of  the  amount 
paid  for  teachers'  wages  in  said  district  during  the  preceding 
year,  then  said  supervisor  shall  not  assess  the  one-mill  tax 
upon  the  property  of  such  district  for  the  ensuing  year.  All 
moneys  raised  by  one-mill  tax  shall  be  apportioned  by  the 
township  clerk  to  the  district  in  which  it  was  raised,  and  all 
moneys  collected  by  virtue  of  this  act  during  the  year,  on  anvr 
property  not  included  in  any  organized  district,  or  in  dis- 
tricts which  have  not  maintained  school  for  the  required 
period  during  the  previous  year,  shall  be  apportioned  to  the 
several  other  school  districts  of  said  township  that  did  main- 
tain school,  in  the  same  manner  as  the  primary  school  interest 


GENERAL   SCHOOL   LAWS.  41 


fund  is  now  apportioned.    All  moneys  accruing  from  the  one-  in  townships 
mill  tax  upon  the  property  of  any  district  in  any  township  SJtrfetsawj 
before  said  district  shall  have  a  legal  school  therein,  shall  be- formed- 
long  to  the  district  in  which  it  was  raised  when  such  district 
shall  have  maintained  school  for  the  required  period  by  a 
qualified  teacher. 

Am.    1905,    Act    16. 

See   Saginaw  Twp.   v.    Saginaw,  9  /  541 ;   Twp.   of  Deerfleld   v.   Harper,  115  / 
678.  . 

(80)      S  4706.     SEC.  15.     The  amount  to  be  assessed  upon  when  district 

n  ,       •.       , .    ,    .    ,  ,    .    .          *],      is  divided, 

the  taxable  property  of  any  school    district    retaining    the  certain  takes 
schoolhouse  or  other  property,  on  the  division  of  a  district,  as  to  be  assessed- 
the  same  shall  have  been  determined  by  the  inspectors,  shall 
be  assessed  by  the  supervisor  in  the  same  manner  as  if  the 
same  had  been  authorized  by  a  vote  of  such  district;  and  the 
money  so  assessed  shall  be  placed  to  the  credit  of  the  taxable 
property  taken  from  the  former  district,  and  shall  be  in  re- 
duction of  any  tax  imposed  in  the  new  district  on  said  tax- 
able property  for  school  district  purposes:    Provided,  That  if  Proviso, 
the  district  retaining  the  schoolhouse  shall  vote  to  pay,  and 
shall  pay,  before  said  taxes  are  assessed,  any  portion  of  said 
amount  to  the  new  district,  said  amount,  as  shall  be  certified 
by  the  moderator  and  director  of  the  new  district  to  the  su- 
pervisor, shall  be  deducted  from  the  amount  to  be  assessed  as 
provided  in  this  section.     When  collected,  such  amount  shall 
be  paid  over  to  the  treasurer  of  the  new  district,  to  be  applied  applied, 
to  the  use  thereof  in  the  same  manner,  under  the  direction  of 
its  proper  officers,  as  if  such  sum  had  been  voted  and  raised 
by  said  district  for  building  a  schoolhouse  or  other  district 
purposes. 

Am.    1901,    Act   165. 

NEW  DISTRICT  :  The  money  when  collected,  must  be  paid  to  the  assessor 
of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  district 
may  maintain  an  action  for  money  had  and  received,  against  the  old  dis- 
trict.— Sen.  Dlst.  v.  Sch.  Dist.,  40/551. 

(81)      §  4707.     SEC.  16.     The  full  amount  of  all  taxes  to  g* 
be  levied  upon  the  taxable  property  in  a  fractional  school  dis-  districts. 
trict  shall  be  certified  by  the  district  board  to  the  township 
clerk  of  each  township  in  which  such  district  is  in  part  situ- 
ated, and  by  such  township  clerks  to  the  supervisors  of  their 
respective  townships,  and  it  shall  be  the  duty  of  each  of  said 
supervisors  to  certify  to  each  other  supervisor  interested,  the 
amount  of  taxable  property  in  that  part  of  the  district  lying 
in  his  township :     Provided,  That  when  there  exists  a  mani-  Proviso, 
fest  difference  in  the  valuation  of  property  assessed  in  frac- 
tional districts,  composed  of  territory  in  adjoining  townships 
or  counties,  such  valuation  shall  be  equalized  for  the  specific 
purpose  by  the  supervisors  of  the  townships  interested  at  a 
joint  meeting  held  for  that  purpose,  on  application  of  either 


42 


GENERAL   SCHOOL   LAWS. 


In  cases  of 
disagreement 
of  supervisors 


Statement  to 

township 

treasurer. 


of  the  supervisors  of  said  townships.  And  such  supervisors 
shall  respectively  ascertain  the  proportion  of  such  taxes,-  in- 
cluding mill  tax,  to  be  placed  on  their  respective  assessment 
rolls,  according  to  the  amount  of  taxable  property  in  each 
part  of  such  district.  And  if  said  supervisors  cannot  agree  as 
to  the  proportion  of  such  taxes  to  be  placed  on  their  respec- 
tive assessment  rolls,  a  supervisor  from  an  adjoining  town- 
ship shall  be  called  to  meet  with  said  supervisors  in  said 
fractional  district  and  assist  in  equalizing  said  valuation. 
Said  supervisor  to  be  paid  at  the  rate  of  three  dollars  per 
diem  for  the  time  necessarily  employed  in  attendance  at  such 
meeting  of  the  supervisors,  and  all  necessary  traveling  ex- 
penses, by  the  townships  in  interest. 

(82)  §  4708.     SEC.  17.    The  supervisor,  on  delivery  of  the 
warrant  for  the  collection  of  taxes  to  the  township  treasurer, 
shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount  raised  for  dis- 
trict purposes  on  the  taxable  property  of  each  district  in  the 
township,  the  amount  belonging  to  any  new  district  on  the 
division  of  the  former  district,  and  the  names  of  all  persons 
having  judgments  assessed  under  the  provisions  of  this  act 
upon  the  taxable  property  of  any  district,  with  the  amount 
payable  to  such  person  on  account  thereof. 

(83)  §  4709.     SEC.  18.     The  supervisor  of  each  township, 
on  the  delivery  of  the  warrant  for  the  collection  of  taxes  to 
the  township  treasurer,  shall  also  deliver  to  said  treasurer  a 
written  statement,  certified  by  him,  of  the  amount  of  the  one- 
mill  tax  levied  upon  any  property  lying  within  the  bounds  of 
a  fractional  school  district,  a  part  of  which  is  situate  within 
his  township,  and  the  returns  of  which  are  made  to  the  clerk 
of  some  other  township ;  and  the  said  township  treasurer  shall 
pay  to  the  township  treasurer  of  such  other  township  the 
amount  of  the  taxes  so  levied  and  certified  to  him  for  the  use 
of  such  fractional  school  district. 

(84)  §  4710.    SEC.  19.    Whenever  any  portion  of  a  school 
district  shall  be  set  off  and  annexed  to  any  other  district,  or 
organized  into  a  new  one,  after  a  tax  for  district  purposes 
other  than  the  payment  of  any  debts  of  the  district  shall  have 
been  levied  upon  the  taxable  property  thereof,  but  not  col- 
lected, such  tax  shall  be  collected  in  the  same  manner  as  if  no 
part  of  such  district  had  been  set  off,  and  the  said  former  dis- 
trict, and  the  district  to  which  the  portion  so  set  off  may  be 
annexed   or  the  new  district  organized  from   such  portion, 
shall  each  be  entitled  to  such  proportion  of  said  tax  as  the 
amount  of  taxable  property  in  each  part  thereof  bears  to  the 
whole   amount   of   taxable    property   on   which   such   tax   is 
levied. 


Statement  to 
township 
treasurer  of 
one-mill  tax 
levied  in 
fractional 
district. 


Collection  and 
apportion- 
ment of  taxes 
on  division  of 
district. 


See  section  39  and   notes. 


GENERAL   SCHOOL   LAWS.  43 


(85)  §  4711.     SEC.  20.     The  township  treasurer  shall  re-  School  taxes, 
tain  in  his  hands,  out  of  the  moneys  collected  by  him,  after  when  paid 
deducting  the  amount  of  tax  for  township  expenses,  the  full 
amount  of  the  school  taxes  on  the  assessment  roll,  and  hold 

the  same  subject  to  the  warrant  of  the  proper  district  officers, 
to  the  order  of  the  school  inspectors,  or  of  the  persons  entitled 
thereto,  and  give  a  written  notice  to  the  township  clerk  of 
the  amount. 

SCHOOL  TAXES :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount. — 
Jones  v.  Wright,  34  /  372 ;  Sch.  Dist.  v.  Sch.  Dist,  40  /  554.  See  Elliott  v. 
Miller,  8  / 132,  and  notes  to  section  2353,  C.  L.  1897.  The  liability  of  a 
township  treasurer  for  school  moneys  is  distinct  from  his  ordinary  liability 
for  township  moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board. — Jones  v.  Wright,  34  /  372.  As  to  the  custody, 
etc.,  of  school  district  moneys,  see  notes  to  section  67,  subd.  4,  and  section 
72,  subd.  1,  2. 

Liability  of  township  to  Sch.  Dist.,  section  3914,  C.  L.,  1897,  provides  that 
all  losses  that  may  be  sustained  by  the  default  of  any  township  officer  in  the 
discharge  of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  town- 
ship. The  act  charges  the  township  treasurer  with  the  duty  of  collecting 
and  paying  over  all  school  district  taxes.  Held,  that  a  township  is  liable 
to  a  school  district  for  school  moneys  lost  through  the  defalcation  of  the 
township  treasurer. — Smith  v.  Jones,  136  /  532.  Designating  depository  for 
township  funds,  see  Act  305,  1909. 

(86)  §     4712.     SEC.  21.     The  township  treasurer  shall,  Township 
from  time  to  time,  apply  to  the  county  treasurer  for  all  school  appfy  tor  tc 
and  library  moneys  belonging  to  his  township,  or  the  districts 
thereof ;  and  on  receipt  of  the  moneys  to  be  apportioned  to  moneys. 
the  districts,  he  shall  notify  the  township  clerk  of  the  amount 

to  be  apportioned. 

(87)  §  4713.     SEC.  22.    Each  treasurer  of  a  township,  to  Moneys  due 
the  clerk  of  which  the  returns  of  any  fractional  school  dis- 

trict  shall  be  made,  shall  apply  to  the  treasurer  of  any  other 
township  in  which  any  part  of  such  fractional  school  .district 
may  be  situated,  for  any  money  to  which  such  district  may  be 
entitled;  and  when  so  received  it  shall  be  certified  to  the 
township  clerk,  and  apportioned  in  the  same  manner  as  other 
taxes  for  school  purposes. 


CHAPTER  V. 

COUNTY    CLERK    AND    TREASURER. 

(88)      §  4714.     SECTION  1.     It  shall  be  the  duty  of  each  county  clerk 
county  clerk  to  receive  all  such  communications,  blanks,  and  depose1©?  a 


documents  as  may  be  directed  to  him  by  the  superintendent 
of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(89)     §  4715.     SEC.  2.     The  clerk  of  each  county  shall,  on  county  clerk 
receiving  from  the  secretary  of  the  county  board  of  school  ex-  reports!"**! 
aminers  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.     On  receiving  notice  Notice  of 
from  the  superintendent  of  public  instruction  of  the  amount  ofpmoneysmer 
of  moneys  apportioned  to  the  several  townships  in  his  county 


44 


GENERAL   SCHOOL   LAWS. 


he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a 
copy  thereof  to  the  county  treasurer. 

County  treas-  (90)  §  4716.  SEC.  3.  The  several  county  treasurers 
for  money?17  shall  apply  for  and  receive  such  moneys  as  shall  have  been  ap- 
apportioned.  portioned  to  their  respective  counties,  when  the  same  shall  be- 
come due;  and  each  of  said  treasurers  shall  immediately  give 
notice  to  the  treasurer  and  clerk  of  each  township  in  his 
county,  of  the  amount  of  school  moneys  apportioned  to  his 
township,  and  shall  hold  the  same  subject  to  the  order  of  the 
township  treasurer. 


To  notify 
township 
clerks  of 
amounts. 


CHAPTER  VI. 


District  may 
borrow  money 
for  sites. 


Estimate  of 

amount) 

necessary. 


May  ratify 
estimate  or 
fix  new  limit. 


Proviso  as  to 
bond  limit. 


Proviso  as  to 

conducting 

elections. 


BONDED    INDEBTEDNESS    OF    DISTRICTS. 

(91)  §  4717.  SECTION  1.  Any  school  district  may,  by  a 
majority  vote  of  the  qualified  voters  of  said  district  present 
at  an  annual  meeting,  or  at  a  special  meeting  called  for  that 
purpose,  borrow  money,  and  may  issue  bonds  of  the  district 
therefor,  to  pay  for  a  schoolhouse  site  or  sites,  and  to  erect 
and  furnish  school  buildings.  The  district  board,  or  board 
of  education,  shall  estimate  the  amount  of  money  necessary 
to  be  raised  and  shall  state  their  estimate  in  the  notices  of  th^ 
annual  or  special  meeting,  at  which  the  question  of  borrowing 
money  and  issuing  bonds  shall  be  submitted  to  the  people; 
and  at  said  meeting  the  voters  shall  have  power  to  ratify  by 
the  vote  aforesaid  the  estimate  of  the  district  board,  or  board 
of  education,  or  to  fix  a  new  limit  on  the  amount  to  be  bor- 
rowed and  for  which  bonds  may  be  issued :  Provided,  That  no 
school  district  shall  issue  bonds  for  an  amount  greater  than 
five  per  cent  of  the  total  assessed  valuation  of  said  district, 
and  in  districts  having  one  hundred  or  more  children  in  the 
school  census  the  bonded  indebtedness  shall  not  exceed 
seventy-five  dollars  per  capita  of  such  census,  nor  shall  the 
bonded  indebtedness  of  a  district  extend  beyond  the  period  of 
fifteen  years  for  money  borrowed :  Provided  further,  That  in 
all  proceedings  under  this  section,  the  district  board  and  one 
person  selected  by  the  qualified  voters  present  at  said  meeting 
shall  constitute  a  board  of  inspectors,  who  shall  cause  a  poll 
list  to  be  kept  and  a  suitable  ballot  box  to  be  used,  and  the 
polls  shall  be  kept  open  at  least  two  hours.  The  votes  shall  be 
by  ballot,  either  printed  or  written,  or  partly  printed  and 
partly  written,  and  the  canvass  of  the  same  shall  be  con- 
ducted in  the  same  manner  as  at  township  elections,  or  as  far 
as  the  laws  governing  the  same  are  applicable,  and  wlien  said 
laws  are  not  applicable  the  board  of  inspectors  shall  prescribe 
the  manner  in  which  the  canvass  shall  be  conducted. 


1;  Act  165;  1905'  Act  27°:   1907'  Ac*  256- 

+  "  A    corP°rate   act,    which    can    be   taken    only   by   a 

two-thirds  vo^e,   cannot  be  rescinded  by  a  bare  majorlty.-Stockdale  y.   Sch 


GENERAL   SCHOOL   LAWS.  45 

BONDS  :  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit. — Stockdale  v.  Sch.  Dist.,  47  /  226.  The  purchaser  of  a  school  district 
bond  has  a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face 
of  the  bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon 
and  determine  the  facts. — Gibbs  v.  Sch.  Dist.,  88  /  336.  Detaching  a  portion 
of  a  district  and  organizing  it  into  or  with  another  township. — People  v. 
Ryan,  19  /  203.  The  act  of  the  legislature  in  detaching  a  part  of  the  terri- 
tory of  a  township  and  erecting  therefrom  a  new  township,  of  another  name 
does  not  have  the  effect  of  putting  an  end  to  the  school  district  organizations 
in  the  detached  territory,  and  the  holder  of  bonds  issued  thereafter  by  a 
district  in  such  territory  may  recover  thereon  notwithstanding  a  subsequent 
reorganization  of  the  district. — Wayne  Co.  Svgs.  Bank  v.  School  District, 
1 52  /  440. 

(92)  §  4718.     SEC.  2.     Whenever  any  school  district  shall  issuing  bonds 
have  voted  to  borrow  any  sum  of  money,  the  district  board  of 

such  district  is  hereby  authorized  to  issue  the  bonds  of  such 
district,  in  such  form,  and  executed  in  such  manner  by  the 
moderator  and  director  of  such  district,  and  in  such  sums,  not 
less  than  fifty  dollars,  as  such  district  board  shall  direct,  and 
with  such  rate  of  interest,  not  exceeding  eight  per  centum  per 
annum,  and  payable  at  such  time  or  times  as  the  said  dis- 
trict shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  .it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will  author- 
ize the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore,  need  look 
no  further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  com- 
pliance with  the  law. — Gibbs  v.  Sch.  Dist.,  88  /  337. 

(93)  §  4719.     SEC.  3.     Whenever  any  money  shall  have  Voters  may 
been  borrowed  by  any  school  district,  the  taxable  inhabitants  redeemXbonds. 
of  such  district  are  hereby  authorized,  at  any  regular  meeting 

of  such  district,  to  impose  a  tax  on  the  taxable  property  in 
such  district,  for  the  purpose  of  paying  the  principal  thus 
borrowed,  or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  col- 
lected. 

(94)  §  4720.     SEC.  4.     Any  school  district,  whenever  it  District  may 
shall  appear  that  the  same  can  be  done  on  terms  advantage  j£"ay 
ous  to  said  district,  may  borrow  money  to  pay  any  bonded  j^hl^ 
indebtedness  of  said  district  then  existing,  and  issue  further 

bonds  of  said  district  therefor :     Provided,  That  a  majority  Proviso, 
of  the  qualified  voters  of  said  district  shall  so  determine,  at 
an  annual  or  special  meeting  called  for  that  purpose;  and 
that  the  notice  of  such  meeting,  whether  annual  or  special, 
shall   state  the  intention  to  take   such  vote. 


CHAPTER  VII. 

SUITS    AND    JUDGMENTS    AGAINST    DISTRICTS. 

(95)      §  4721.     SECTION  1.     Justices    of    the    peace    shall 
have  jurisdiction  in  all  cases  of  assumpsit,  debt,  covenant, 
and  trespass  on  the  case  against  school  districts,  when  the  cer 
amount  claimed,  or  matter  in  controversy  shall  not  exceed 


46 


GENERAL   SCHOOL  LAWS. 


suit  against 


No  execution 
to  issue 
against 
district. 


one  hundred  dollars;  and  the  parties  shall  have  the  same 
right  of  appeal  as  in  other  cases. 

As  to  corporate  powers,  etc.,  see  note  to  section  33.  Liability  for  debts 
after  changes  made  in  districts.— See  sections  38-39  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received. — Sch.  Dist.  v.  bch. 
Dist.,  40/551. 

(96)  §  4722.     SEC.  2.     When  any  suit  shall  be  brought 
against  a  school  district,  it  shall  be  commenced  by  summons, 
a  copy  of  which  shall  be  left  with  the  treasurer  of  the  district 
at  least  eight  days  before  the  return  day  thereof. 

Am.    1901,    Act   165. 

(97)  §  4723.     SEC.  3.     No  execution  shall  issue  on  any 
judgment  against  a  school  district,  nor    shall    any  suit  be 
brought  thereon,  but  the  same  shall  be  collected  in  the  man- 
ner prescribed  in  this  act. 

Dutyoftreas-  (98)  §  4724.  SEC.  4.  Whenever  any  final  judgment 
shall  be  obtained  against  a  school  district,  if  the  same  shall 
not  be  removed  to  any  other  court,  the  treasurer  of  the  dis- 
trict shall  certify  to  the  supervisor  of  the  township  and  to 
the  director  of  the  district  the  date  and  amount  of  such  judg- 
ment, with  the  name  of  the  person  in  whose  favor  the  same 
was  rendered,  and  if  the  judgment  shall  be  removed  to 
another  court,  the  treasurer  shall  certify  the  same  as  afore- 
said, immediately  after  the  final  determination  thereof 
against  the  district. 

Am.   1901,  Act  165;   1903.  Act   49. 

(99)  §  4725.  SEC.  5.  If  the  treasurer  shall  fail  to  cer- 
tify the  judgment  as  required  in  the  preceding  section,  it 
shall  be  lawful  for  the  party  obtaining  the  same,  his  execu- 
tors, administrators,  or  assigns,  to  file  with  the  supervisor  the 
certificate  of  the  justice  or  clerk  of  the  court  rendering  the 
judgment,  showing  the  facts  which  should  have  been  certified 
by  the  treasurer. 

Am.    1901,    Act   165. 


When  treas- 
urer fails  to 
certify,  how 
party  may 
proceed. 


How  judg- 
ment   certified 
in  case  of 
fractional 
district. 


Supervisors 
to  assess 
amount  of 
judgment. 


How  collected 
and  returned. 


(100)  §  4726.     SEC.  6.     If  the  district  against  whom  any 
such  judgment  shall  be  rendered  is  situated  in  part  in  two  or 
more  townships,  a  certificate  thereof  shall   be  delivered  as 
aforesaid  to  the  supervisor  of  each  township  in  which  such 
district  is  in  part  situated. 

(101)  §  4727.     SEC.  7.     The  supervisor  or  supervisors  re- 
ceiving either  of  the  certificates  of  a  judgment  as  aforesaid 
shall  proceed  to  assess  the  amount  thereof,  with  interest  from 
the  date  of  the  judgment  to  the  time  when  the  warrant  for 
the  collection  thereof  will  expire,  upon  the  taxable  property 
of  the  district,  placing  the  same  on  the  next  township  assess- 
ment roll  in  the  column  for  school  taxes;  and  the  same  pro- 
ceedings shall  be  had,  and  the  same  shall  be  collected  and 
returned  in  the  same  manner  as  other  district  taxes. 


GENERAL    SCHOOL   LAWS.  47 


CHAPTER  VIII. 

SITES    FOR     SCHOOLHOUSES. 

(102)  §  4728.     SECTION   1.     The  qualified   voters  of  any  ^ 
school  district,  when  lawfully  assembled  may  designate  by  a  how'desig-' 
vote  of  two-thirds  of  those  present,  such  number  of  sites  as  n{ 

may  be  desired  for  schoolhouses  and  may  change  the  same  by 
similar  vote  at  any  annual  or  special  meeting,  or  by  the  same 
vote  may  enlarge  any  existing  site.    Whenever  the  question  of  Notice  of 
designating  a  school  site  or  of  changing  a  school  site  is  to  be  m 
brought  before  the  school  meeting,  the  notice  of  said  meeting 
shall  state  the  intention  to  vote  upon  such  question.     When  when  m- 
no  site  can  be  established  by  such  inhabitants  as  aforesaid,  "" 
the  school  inspectors  of  the  township  or  townships  in  which 
the  district  is  situated,  upon  notification  by  the  district  board 
that  the  district  is  unable  to  fix  a  site,  shall  determine  where 
such  site  shall  be,  and  their  determination  shall  be  certified  to 
the  director  of  the  district  and  shall  be  final,  subject  to  alter- 
ation afterwards  by  the  inspectors,  on  the  written  request  of 
two-thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site  at  a  dis- 
trict meeting  lawfully  called. 

Am.    1903,   Act   582;    1905,   Act   75. 

NO  SITE  ESTABLISHED:  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one. — 
Andress  v.  Inspectors,  19  /  332. 

TWO-THIRDS  VOTE :  See  note  to  section  91,  also  Bd.  of  Education, 
Detroit  v.  Moross,  151  /  625. 

TOWNSHIP  BOARD :  Powers  and  duties  formerly  given  to  school  in- 
spectors now  vests  in  township  board. 

(103)  §  4729.     SEC.  2.    Whenever  a  site  for  a  schoolhouse 
shall  be  designated,  determined,  established  -  or  enlarged  in 
any   manner   provided   by   law,   in   any   school  district,   and 
whenever  a  site  for  a  schoolhouse  shall  be  designated,  de- 
termined, established  or  enlarged  by  resolution  of  any  board 
of  education  of  any  city  and  such  board  of  education  or  such 
school   district  shall  be  unable  to  agree  with  the  owner  or 
owners  of  such  site  upon  the  compensation  to  be  paid  there- 
for, or  for  the  land  to  enlarge  the  same,  or  in  case  such  board 
of  education  or  such  district  shall,  by  reason  of  any  imper- 
fection in  the  title  to  said  site,  or  land  to  be  added  thereto, 
arising  either  from  break  in  the  chain  of  title,  tax  sale,  mort- 
gages, levies,  or  any  other  cause,  be  unable  to  procure  a  per- 
fect, unincumbered  title  in  fee  simple  to  said  site,  or  land 
for  the  enlargement  thereof,  the  board  of  education  or  the 
district  board  of  such  district  shall  authorize  one  or  more  of 
its  members  to  apply  to  the  circuit  judge,  if  there  be  one  in 
the  county,  or  to  a  circuit  court  commissioner  of  the  county, 
or  to  any  justice  of  the  peace  of  the  city  or  township  in  which 
such  school  district  shall  be  situated,  for  a  jury  to  ascertain 
and  determine  the  just  compensation  to  be  made  for  the  real 


48 


GENERAL    SCHOOL   LAWS. 


Proviso. 


estate  required  by  such  school  district  for  such  site,  or  for 
the  enlargement  thereof  and  the  necessity  for  using  the  same, 
which  application  shall  be  in  writing,  and  shall  describe  the 
real  estate  required  by  such  board  of  education  or  by  such  dis- 
trict as  accurately  as  is  required  in  a  conveyance  of  real 
estate:  Provided,  That  whenever  any  school  district  shall 
have  designated,  selected  or  established  in  any  manner  pro- 
vided by  law  and  whenever  the  board  of  education  of  any 
city  shall  have  designated,  selected  or  established  by  resolu- 
tion a  schoolhouse  site  or  land  for  the  enlargement  thereof 
such  selection,  designation  or  establishment  shall  be  prima 
facie  evidence  to  said  jury  of  the  necessity  to  use  the  site  so 
established. 


When  jury 
to  be  sum- 
moned. 


Owner  to 
be  notified. 


Notice  in 
case  owner 
is  unknown. 


Am.    1903,   Act   182  ;    1909,   Act  232. 

CONDEMNATION :  The  jurisdiction  to  condemn  lands  for  a  schoolhouse 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — 
Smith  v.  Sch.  Dist.,  40  / 145.  Proceedings  to  condemn  land  for  a  school- 
house  site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown 
by  the  records. — Heck  v.  Sch.  Dist.,  49  /  551.  For  the  constitutional  ques- 
tions involved  in  the  taking  of  private  property  for  public  use.  see  Const., 
Art.  XIII. 

(104)  §  4730.     SEC.  3.     It  shall  be  the  duty  of  such  cir- 
cuit  judge,    circuit    court    commissioner,    or   justice    of   the 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable 
of  the   county,   commanding  him   to   summon   eighteen   free- 
holders residing  in  the  vicinity  of  such  site,  who  are  in  nowise 
of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  justice, 
at  the  time  and  place  therein  named,  not  less  than  twenty 
nor  more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  or  for  the  enlargement  thereof, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  is 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days 
before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

Am.    1903,    Act    182. 

(105)  §  4731.     SEC.  4.     Thirty  days   previous  notice  of 
the  time  when  and  the  place  where  such  jury  will  assemble 
shall  be  given  by  the  district  board  of  such  district,  where 
the  owner  or  owners  of  such  real  estate  shall  be  unknown, 
non-residents  of  the  county,  minors,  insane,  non  compos  men- 
tis, or  inmates  of  any  prison,  by  publishing  the  same  in  a 
newspaper  published  in  the  county  where  such  real  estate  is 
situated;  or  if  there  be  no    newspaper    published    in    such 
county,   then   in   some   newspaper   published   in   the   nearest 


GENERAL    SCHOOL   LAWS.  49 


county  where  a  newspaper  is  published,  once  in  eacli  week 
for  four  successive  weeks,  which  notice  shall  be  signed  by  the 
district  board  or  by  the  director  or  treasurer  of  such  dis- 
trict, and  shall  describe  the  real  estate  required  for  such  site, 
or  for  the  enlargement  thereof,  and  state  the  time  when  and 
.place  where  such  jury  will  assemble,  and  the  object  for  which 
they  will  assemble;  or  such  notice  may  be  served  on  such 
owner  personally,  or  by  leaving  a  copy  thereof  at  his  last 
place  of  residence. 

Am.    1903,    Acts    49,    182. 

(106)  §  4782.  SEC.  o.  It  shall  be  the  duty  of  such  judge,  Return  of 
commissioner,  or  justice,  and  of  the  persons  summoned  as 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  con- 
stable  summoning  them,  to  attend  at  the  time  and  place 
specified  in  such  summons  or  venire;  and  the  officer  who  sum- 
moned the  jury  shall  return  such  summons  or  venire  to  the 
officer  who  issued  the  same,  with  the  names  of  the  persons 
summoned  by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found;  and  if  he  could  not  be  found  in  said  county,  he  shall 
certify  that  fact.  Either  party  may  challenge  any  of  the 
said  jurors  for  the  same  causes  as  in  civil  actions.  If  more 
than  twelve  of  said  jurors  in  attendance  shall  be  found  quali- 
fied to  serve  as  jurors,  the  officer  in  attendance,  and  who 
'issued  the  summons  or  venire  for  such  jury,  shall  strike  from 
the  list  of  jurors  a  number  sufficient  to  reduce  the  number 
of  jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
of  the  number  so  summoned  as  jurors  shall  attend,  the 
sheriff  or  constable  shall  summon  a  sufficient  number  of  free- 
holders to  make  up  the  number  of  twelve;  and  the  officer  issu-  Attachment 
ing  the  summons  or  venire  for  such  jury,  may  issue  an  attach- 
ment  for  any  person  summoned  as  a  juror  who  shall  fail  to  Jo 
attend,  and  may  enforce  obedience  to  such  summons,  venire, 
or  attachment,  as  courts  of  record,  or  justices'  courts  are 
authorized  to  do  in  civil  cases. 

A  party  present,  or  represented,  at  the  empaneling  of  the  jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then. — 
Smith  v.  School  Dist,  40  / 143. 

(107)     §  4733.     SEC.  6.     The    twelve    persons    selected    asjurytobe 
the  jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or  sworn- 
justice  in  attendance,  faithfully  and  impartially  to  inquire, 
ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  or  for  the  enlargement  thereof,  and  the  necessity  for 
using  the  same  in  the  manner  proposed  by  such  school  dis- 
trict; and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.     Subpoenas  for  witnesses  may  be  issued,  and  subpoenas, 
their   attendance   compelled   by   such   circuit  judge,   commis- wlt 
sioner  or  justice  in  the  same  manner  as  may  be  done  by  the 


50 


GENERAL    SCHOOL   LAWS. 


What  jury 
to  ascertain. 


Court  to 
attach  cer- 
tificate. 


circuit  court  or  by  a  justice's  court  in  civil  cases.  The  jury 
may  visit  and  examine  the  premises,  and  from  such  examina- 
tion and  such  other  evidences  as  may  be  presented  before 
them,  shall  ascertain  and  determine  the  necessity  for  using 
such  real  estate  in  the  manner  and  for  the  purpose  proposed 
by  such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  pur- 
pose proposed  by  such  school  district,  they  shall  sign  a  certifi 
cate  in  writing  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  schoolhouse 
for  such  district,  or  to  enlarge  its  existing  site;  also  stating 
the  sum  to  be  paid  by  such  school  district  as  the  just  com- 
pensation for  the  same.  The  said  circuit  judge,  circuit  court 
commissioner,  or  justice  of  the  peace,  shall  sign  and  attach 
to,  and  indorse  upon  the  certificate  thus  subscribed  by  the 
said  jurors,  a  certificate  stating  the  time  when  and  the  place 
where  the  said  jury  assembled,  that  they  were  by  him  duly 
sworn  as  herein  required,  and  that  they  subscribed  the  said 
certificate.  He  shall  also  state  in  such  certificate  who  ap- 
peared for  the  respective  parties  on  such  hearing  and  inquiry. 
and  shall  deliver  such  certificates  to  the  director,  or  to  any 
member  of  the  district  board  of  such  school  district. 

Am.    1903,   Act   182. 

(108)  §  4734.  SEC.  7.  Upon  filing  such  certificates  in 
the  circuit  court  of  the  county  where  such  real  estate  is  situ- 
ated, such  court  shall,  if  it  finds  all  the  proceedings  regular, 
render  judgment  for  the  sum  specified  in  the  certificate 
signed  by  such  jury,  against  such  school  district,  which 
judgment  shall  be  collected  and  paid  in  the  manner  as  other 
judgments  against  school  districts  are  collected  and  paid. 

Smith  v.  Sch.  Dist.,  40/143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due.  —  Sch.  Dist.  v.  Judge,  49  /  432. 

when  owner  (109)  §  4735.  SEC.  8.  In  case  the  owner  of  such  real 
e-money'  to  estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an  in 
w1the?ounty  fant>  or  cannot  be  found  within  such  county,  it  shall  be  law- 
*  ful  for  the  said  school  district  to  deposit  the  amount  of  such 
judgment  with  the  county  treasurer  of  such  county,  for  the 
use  of  'the  person  or  persons  entitled  thereto;  and  it  shall  be 
the  duty  of  such  county  treasurer  to  receive  such  money,  and 
at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to 
the  person  depositing  the  same  with  him,  stating  the  time 
when  such  deposit  was  made,  and  for  what  purpose;  and  such 
county  treasurer  and  his  sureties  shall  be  liable  on  his  bond 
for  any  money  which  shall  come  into  his  hands  under  the 
provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  account 


Collection  of 
judgment. 


treasurer. 


GENERAL   SCHOOL  LAWS.  51 

for  the  same,  as  herein  required :     Provided,  That  no  such  Proviso,  how 
money  shall  be  drawn  from  such  county  treasurer,  except  Sawn  from 
upon   an   order  of  the  circuit  court,   circuit  court  commis- 
sioner,  or  judge  of  probate,  as  hereinafter  provided. 

(110)  §  4736.     SEC.  9.     Upon  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real  m  distrct 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and 
determined  by  the  jury  as  the  just  compensation  to  be  paid  by 

such  district  for  such  site,  or  for  such  addition  to  its  site,  has 
been  paid,  or  that  the  amount  thereof  has  been  deposited  ac- 
cording to  the  provisions  of  the  preceding  sections,  such  court 
shall,  by  an  order  or  decree,  adjudge  and  determine  that  the 
title  in  fee  of  such  real  estate  shall,  from  the  time  of  making 
such  payment  or  deposit,  forever  thereafter  be  vested  in  such 
school  district  and  its  successors  and  assigns,  and  shall,  in 
and  by  such  order  or  decree,  award  to  such  school  district  a 
writ  of  possession  for  the  recovery  of  the  possession  of  such 
real  estate;  a  copy  of  which  order  or  decree,  certified  by  the 
clerk  of  said  county,  shall  be  recorded  in  the  office  of  the 
register  of  deeds  of  such  county,  and  the  title  of  such  real 
estate  shall  thenceforth,  from  the  time  of  making  such  pay- 
ment or  deposit,  be  vested  forever  thereafter  in  such  school 
district  and  its  successors  and  assigns  in  fee. 

Am.  1903,  Act  182. 

(111)  §  4737.    SEC.  10.     Such  school  district  may,  at  any  -Whendistrict 
time  after  making  the  payment  or  deposit  hereinbefore  re-  possession. 
quired,  enter  upon  and  take  possession  of  such  real  estate 

for  the  use  of  said  district.    And  it  shall  be  the  duty  of  the  ^^to^e 
county  clerk  of  said  county,  on  the  request  of  said  school  dis-  issued  by 
trict,  to  issue  out  of  and  under  the  seal  of  the  circuit  court  foUsheriff erk 
of  said  county  a  writ  of  possession  as  awarded  in  such  order 
or  decree;  which  writ  shall  be  directed  to  the  sheriff  of  said 
county,  and  shall  be  tested  and  made  returnable,  and  shall  be 
substantially,  so  far  as  may  be,  in  the  same  form  provided  for 
writs  of  possession  in  actions  of  ejectment ;  and  it  shall  be  j*|J5£}Jeto 
the  duty  of  such  sheriff  thereupon  to  remove  the  respondent  respondent. 
or  respondents  in  such  proceedings,  and  all  persons  holding 
under  them  or  either  of  them,  from  the  real  estate  described 
in  such  decree  and  in  such  writ,  and  deliver  the  possession 
thereof  with  the  appurtenances  to  such  school  district. 

(112)  §  4738.     SEC.   11.     In   case  the  jury  hereinbefore  whenjury 
provided  for  shall  not  agree,  another  jury  may  be  summoned  dlsagrees- 
in  the  same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be  nec- 
essary; but  instead  of  such  notice,  the  judge,  commissioner,  or 
justice  may  adjourn  the  proceedings  to  such  time  as  he  shall 

think  reasonable,  not  exceeding  thirty  days,  and  shall  make 
the  process  to  summon  a  jury  returnable  at  such  time  and 
place  as  the  said  proceedings  shall  be  adjourned  to.  Such 
proceedings  may  be  adjourned  from  time  to  time  by  the  said  three  months. 


52 


GENERAL   SCHOOL  LAWS. 


Proceedings 
in  case 
property  is 
encumbered. 


judge,  or  commissioner,  or  Justice,  on  the  application  of 
either  party,  and  for  good  cause,  to  be  shown  by  the  party 
applying  for  such  adjournment,  unless  the  other  party  shall 
consent  to  such  adjournment;  but  such  adjournments  shall 
not  in  all  exceed  three  months. 

(113)  §  4739.  SEC.  12.  In  case  the  said  schoolhouse 
site,  or  land  required  to  enlarge  the  same,  is  encumbered  by 
mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mort- 
gagee, or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a  party  to  the  procedure  as  afore- 
said, and  shall  be  authorized  upon  the  filing  of  the  certificate 
of  the  jury  in  the  circuit  court  of  said  county,  to  appear  be- 
fore the  circuit  judge  and  make  proof  relative  to  their  pro- 
portionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.  And  the  said  cir- 
cuit judge  shall,  by  decree,  settle  their  several  claims  in  ac- 
cordance with  the  rights  of  the  parties  respectively,  and  may 
divide  the  sum  awarded  by  said  jury  between  the  claimants 
as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a  separate  judgment  for  each  of  the 
amounts  so  awarded. 


How  money 
deposited  with 
county  treas- 
urer may  be 
drawn. 


Compensation 
of  officers, 
etc.,  on 
proceedings. 


When  judge 
etc.,  unable 
to  attend, 
another  may 
finish  proceed- 
ings. 


Am.  1903,  Act  182. 

(114)  §  4740.     SEC.  13.     The  circuit  judge,  judge  of  pro- 
bate, or  circuit  court  commissioner  of  any  county  where  any 
money  has  been  deposited  with  the  county  treasurer  of  such 
county,  as  hereinbefore  provided,  shall,  upon  the  written  ap- 
plication of  any  person  or  persons  entitled  to  such  money, 
and  upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order,  direct- 
ing the  county  treasurer  to  pay  the  money  thus  deposited 
with  him  to  said  applicant;  and  it  shall  be  the  duty  of  such 
county  treasurer,  on  the  presentation  of  such  order,  with  the 
receipt  of  the  person  named  therein,  indorsed  on  said  order 
and  duly  acknowledged,  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged,  to  pay  the 
same;  and  such  order,  with  the  receipt  of  the  applicant  or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all 
courts  and  places,  be  presumptive  evidence  in  favor  of  such 
county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 

(115)  §  4741.    SEC.  14.    Circuit  judges,  circuit  court  com- 
missioners, and  justices  of  the  peace,  for  any  services  ren- 
dered under  the  provisions  of  this  act,  shaH"be  entitled  to 
the  same  fees  and  compensation  as  for  similar  services  in 
other   special   proceedings.     Jurors,   constables,   and   sheriffs 
shall  be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(116)  §  4742.     SEC.  15.     In  case  any  circuit  judge,  cir- 
cuit court  commissioner,  or  justice  of  the  peace,  who  shall 
issue  a  summons  or  venire  for  a  jury,  shall  be  unable  to 


GENERAL   SCHOOL  LAWS.  53 

attend  to  any  of  the  subsequent  proceedings  in  such  case,  any 
other  circuit  court  commissioner  or  justice  of  the  peace  may 
attend  and  finish  said  proceedings. 


CHAPTER  IX. 

APPEALS   FROM   ACTION   OF   TOWNSHIP   BOARD. 

(117)  §  4743.    SECTION  1.    Whenever  any  five  or  more  'tax  Appeal,  how 
paying  electors  having  taxable  property  within  any  school  IctSn  o°m 
district  shall  feel  themselves  aggrieved  by  any  action,  order  bol?|hip 
or  decision  of  the  township  board  or  joint  boards  with  refer- 
ence to  the  formation  or  any  division  or  consolidation  of  said 

school  district,  they  may,  at  any  time  within  sixty  days  from 
the  time  of  such  action  on  the  part  of  said  board,  appeal  from 
such  action,  order  or  decision  of  said  board  to  the  county 
commissioner  of  schools  and  a  circuit  court  commissioner  of 
the  county  in   which  such  school  district  is  situated.     The  Joard  of 
county   commissioner  of  schools   and   circuit   court   commis-  wffifto8' 
sioner  shall  constitute  a  board  of  appeals  for  all  such  cases  constltute- 
and  shall  be  entitled  to  the  usual  fees  provided  by  statute  for 
circuit  court  commissioner.     When  an  appeal  shall  be  filed 
with  the  board  of  appeals  herein  provided  for,  said  board 
shall  serve  notice  on  the  clerk  of  the  township  board  or  the 
clerks  of  the  joint  boards  who  have  made  the  decision  ap- 
pealed from,  and  said  clerk  or  clerks  shall  notify  the  several 
members  of  such  board  of  such  appeal.     The  notice  to  the  Notice  to 
clerk  and  township  board  shall  state  the  day  and  hour  when  derkfwhat 
such  appeal  will  be  heard,  and  it  shal!  be  the  duty  of  said  to  state- 
board  of  appeals  to  review,  confirm,  set  aside  or  amend  the 
action,  order  or  decision  of  the  township  board  or  boards 
thus  appealed  from ;  or  if  in  its  opinion  the  appeal  is  frivol- 
ous or  without  sufficient  cause  it  may  summarily  dismiss  the 
same. 

Am.   1909,  Act  31. 

ACTION  OF  INSPECTORS :  The  board  of  inspectors  act  in  the  exercise 
of  a  public  discretionary  power  in  creating  or  changing  districts,  which  can 
be  reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates 
upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them. — Clement 
v.  Everest,  29  /  19. 

APPEAL :  School  Dist.  v.  Wilcox,  48  /  404.  When  it  seems  an  appeal 
could  not  be  taken. — Sen.  Dist  v.  Sch.  Dist.,  63/57-8. 

CERTIORARI :  The  issuance  of  a  writ  of  certiorari  being  largely  discre- 
tionary, and  not  permissible  to  accomplish  a  palpable  injustice,  a  writ  issued 
to  review  the  setting  aside  of  the  organization  of  a  school  district  out  of 
the  territory  of  two  others  will  be  dismissed  when  each  of  the  three  dis- 
tricts as  so  organized  would  be  financially  unable  to  support  a  school '  with- 
out imposing  upon  the  residents  a  greater  burden  than  they  are  able  to  bear. 
— Silver  v.  Hamilton  Township  Board,  146/393. 

(118)  §  4744.    SEC.  2.    Said  appellants  shall,  before  taking  Appellants  to 
such  appeal,  make  out  and  file  with  the  board  of  appeals  a 
written  statement,  to  be  signed  by  said  appellants,  setting 

forth  in  general  terms  the  action,  order  or  decision  of  the 
township  board  with  respect  to  which  the  appellants  feel 
themselves  aggrieved,  and  their  demand  for  an  appeal  there- 


54 


GENERAL   SCHOOL  LAWS. 


Bond; 
amount  of. 


Township 
board,  when 
to  file  tran- 
script of  pro- 
ceedings, etc. 


from  to  the  board  of  appeals,  and  shall  also  cause  to  be  ex- 
ecuted and  signed  by  one  of  their  number,  and  by  two  good 
and  sufficient  sureties  to  be  approved  by  the  board  of  appeals, 
a  bond  to  the  people  of  the  state  of  Michigan  in  the  penal 
sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecu- 
tion of  said  appeal  before  said  board,  and  also  in  case  of  the 
dismissal  of  said  appeal  as  frivolous  by  said  board  for  the 
payment  by  said  appellants  of  all  costs  occasioned  by  reason 
of  said  appeal.  ' 

Am.  Id. 

BOND :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  cannot  be  dispensed  with. — Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval. — Id. 

(119)  §  4745.  SEC.  3.  Upon  the  filing  of  such  appeal 
papers  and  bond  with  the  said  board  of  appeals  and  after 
notice  by  the  board  of  appeals  to  the  township  board  from 
whose  decision  appeal  is  taken,  said  township  board  shall 
within  ten  days  thereafter  make  out  and  file  with  the  said 
board  of  appeals  a  full  and  complete  transcript  of  all  its 
proceedings,  actions,  orders  or  decisions  with  reference  to 
which  the  appeal  is  taken  and  of  its  records  of  the  same ;  also 
said  bond  and  appeal  papers  and  all  petitions  and  remon- 
strances, if  any,  with  reference  to  the  matters  appealed  from, 
and  upon  the  filing  of  the  same  with  said  board  of  appeals 
the  said  board  shall  be  deemed  to  be  in  possession  of  the 
case,  and  if  the  return  be  deemed  by  it  insufficient  the  board 
may  order  a  further  and  more  complete  return  by  said  town- 
ship board,  and  when  such  return  shall  by  it  be  deemed  suffi- 
cient it  shall  proceed  with  the  consideration  of  the  appeal 
at  such  time  or  times,  within  ten  days  after  such  return  in 
such  manner  and  under  such  affirmation,  amendment  or  re- 
versal of  the  action,  order  or  decision  of  the  township  board 
appealed  from,  as  in  its  judgment  shall  seem  to  be  just  and 
right;  or  if  it  deem  the  appeal  to  be  frivolous  it  may  sum- 
marily dismiss  the  same. 


Am.  Id. 


CHAPTER  X. 


GRADED   SCHOOL  DISTRICTS. 

Graded  school  (120)  §  4746.  SECTION  1.  Any  school  district  contain- 
ing  more  than  one  hundred  children  between  the  ages  of  five 
and  twenty  years,  may,  by  a  majority  vote  of  the  qualified 
voters  present  at  any  annual  or  special  meeting,  organize  as 
a  graded  school  district.  The  intention  to  submit  the  ques- 
tion of  the  organization  of  a  graded  school  district  shall  be 
expressed  in  the  notice  of  such  annual  or  special  meeting. 
When  such  change  in  the  organization  of  the  district  shall 
have  been  voted,  the  voters  at  such  annual  or  special  meet- 
ing shall  proceed  immediately  to  elect  by  ballot  a  board  of 


Board  of 
education 
election, 
term,  etc. 


GENERAL   SCHOOL  LAWS.  55 

education  of  five  members,  one  member  for  the  term  of  one 
year,  two  for  the  term  of  two  years  and  two  for  a  term  of 
three  years,  and  annually  thereafter  a  successor  or  successors 
to  the  member  or  members  whose  term  of  office  shall  expire. 
Any  qualified  voter  in  such  district  whose  name  appears  upon  Eligibility. 
the  assessment  roll  at  the  time  of  such  election  and  who  is 
the  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  the  office  of  member 
of  the  board  of  education.    In  the  election  of  members  of  the  ^jjority 
board  of  education  and  all  other  school  officers,  the  person  V( 
receiving  a  majority  of  all  the  votes  shall  be  declared  elected : 
Provided,   That   all  graded   school   districts  organized  prior  Proviso, 
to  the  year  nineteen  hundred  seven  shall  operate  after  the 
passage  of  this  act  under  the  provisions  of  this  act  without 
reorganization :     And   Provided   also,  That  in  all  such  dis-  Proviso 
tricts  the  members  of  the  board  of  education  hereafter  elected 
shall  be  elected  under  the  provisions  of  this  act. 

Am.  1907,  Act  247. 

Simpkins   v.   Ward,   45  /  562. 

CUSTODY  OF  RECORDS :  The  proceedings  provided  by  statute,  sections 
9843-9851  C.  L.,  to  compel  delivery  of  books  and  papers  by  a  public  officer  to 
his  successor,  are  not  adapted  to  a  determination  of  the  rights  of  con- 
testants to  any  office,  but  are  merely  appropriate  for  ascertaining  whether 
a  petitioner  is  prima  facie  such  an  officer  as  entitles  him  to  possession  of 
the  books  and  papers  of  the  office.  After  an  adjudication  of  this  question 
by  a  court  of  competent  jurisdiction  the  defeated  party  can  not  review  the 
judgment  by  certiorari  and  thereby  defeat  the  object  of  the  statute,  but  must 
resort  to  quo  warranto  or  other  proceedings  appropriate  to  try  title  to  an 
office. — Murta  v.  Carr,  140/606. 

GRADED  SCHOOL  DISTRICTS :  The  wisdom  of  the  graded-school-dis- 
trict  act  was  vindicated  in  Stuart  v.  Sch.  Dist..  30/69,  and  its  validity 
determined. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under 
the  constitution  to  provide  by  taxation  for  free  instruction  in  the  higher 
departments  of  education,  in  union  and  high  schools. — Stuart  v.  Sch.  Dist., 
30  /  69.  Union  and  graded  schools,  whether  organized  under  the  general  law 
or  created  by  special  enactment  are  subject  to  the  general  primary  school 
law,  except  as  otherwise  provided  in  the  law  creating  them. — People  v.  De- 
troit Board  of  Education,  18  /  411 ;  Keweenaw  Ass'n  v.  Sch.  Dist,  98  /  442. 

ALL  OTHER  OFFICERS :  The  terra  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be 
elected  in  graded  school  districts. — Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS  :  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up ;  graded  schools  have  been  established ;  boundaries  of  districts 
changed  and  fixed  by  the  legislature;  and  the  qualifications  of  electors  at 
school  meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and 
providing  exceptional  methods  of  electing  officers.  The  mayor  of  Grand 
Rapids  is  made  a  trustee  and  ex  officio  a  member  of  the  board  of  education  ; 
and  being  a  trustee  he  is  eligible  to  the  office  of  president  of  the  boarfd. 
The  president  of  the  board  has  the  veto  power.  The  mayor  of  Alpena  is 
president  of  the  board,  and  the  trustees  elected  constitute  the  board,  and 
exercise  all  the  powers  and  perform  the  duties  of  trustees.  The  mayor  of 
Detroit,  as  ex  officio  member  of  the  board  of  education,  has  the  veto  power, 
and  this  provision  is  constitutional. — Pingree  v.  Board  of  Education,  99  / 
407-9.  It  is  no  new  thing  for  the  legislature  to  fix  the  boundaries  of 
school  districts.  It  is  done  by  the  charter  of  nearly  every  city  or  village 
in  the  state,  and  some  of  them  go  so  far  as  to  provide  exceptional  methods 
of  electing  officers  and  limiting  the  classes  entitled  to  vote  (citing  Mudge 
v.  Jones,  59/165). — Keweenaw  Ass'n  v.  Sch.  Dist..  98/441.  And  in  Perrizo 
v.  Kesler,  93  /  280,  an  act  providing  for  the  organization  of  school  districts 
from  entire  townships  was  held  valid. — Id.  442. 

(121)      §  4747.     SEC.  2.     Within  ten  days  after  his  elec- Acceptance 
tion,  each  member  shall  file  with  the  secretary  of  the  board  ° 
an  acceptance  of  the  office  to  which  he  has  been  elected,  ac- 
companied by  an  affidavit  setting  forth  the  fact  of  eligibility 


56 


GENERAL    SCHOOL   LAWS. 


Organization 
of  board. 


Vacancies. 


Bond  of 
treasurer. 


Appointment 
of  officers. 


Board  of 
education. 

To  determine 
course  of 
study. 


To  establish 
high  school. 


Proviso, 
tuition  of 
non-residents. 


To  audit 
accounts  of 
secretary. 


as  described  in  section  one  of  this  chapter.  The  board  of 
education  shall  annually,  and  within  fifteen  days  after  the 
annual  meeting,  or  within  fifteen  days  after  the  organization 
under  this  act,  elect  from  its  own  number  a  president,  a  sec- 
retary, and  a  treasurer,  and  for  cause  may  remove  the  same 
from  "such  offices  and  may  appoint  others  of  their  own  num- 
ber in  such  places,  and  these  officers  shall  perform  the  duties 
prescribed  by  the  general  school  law  for  the  moderator, 
director,  and  treasurer  of  the  district,  except  as  hereinafter 
provided.  The  board  of  education  shall  have  power  to  fill 
any  vacancy  that  may  occur  in  its  number  until  the  next  an- 
nual meeting,  and  if  "three  vacancies  occur  at  the  same  time, 
a  special  meeting  of  the  district  shall  be  called  to  elect  mem- 
bers of  the  board  to  fill  such  places.  Within  ten  days  after 
his  appointment  the  treasurer  of  the  board  shall  file  with 
the  secretary  a  bond,  either  personal  or  surety,  in  such  sum 
as  the  board  of  education  shall  approve,  not  less  than  double 
the  amount  t)f  money  to  come  into  his  hands  during  his  term 
of  office.  If  a  personal  bond  is  filed  there  shall  be  at  least 
two  sureties,  each  of  whom  shall  justify  under  oath  to  the 
full  amount  of  the  bond.  If  a  surety  bond  is  purchased  it 
may  be  at  the  expense  of  the  district.  Whenever,  in  any 
case,  the  board  of  education  shall  fail  or  neglect  to  elect 
the  officers  of  the  board  named  in  this  section  within  fifteen 
days  next  after  the  annual  meeting,  or  after  the  organization 
of  the  district,  the  school  inspectors  of  the  township  or  city 
to  which  such  district  makes  its  annual  report  shall  appoint 
the  said  officers  from  the  number  of  said  board. 

Am.  1901,   Act  165;   1907,  Act  247. 

VACANCIES — COSTS  :  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and,  if  they  do  so,  they  will  be  indi- 
vidually responsible  for  the  costs. — Johnston  v.  Mitchell,  120/589. 

(122)  §  4748.  SEC.  3.  It  shall  be  the  duty  of  the  board 
of  education  in  any  graded  school  district: 

First,  To  determine  the  course  of  study  to  be  pursued  and 
to  cause  the  pupils  attending  school  in  such  district  to  be 
taught  in  such  schools  or  departments  as  they  may  deem 
expedient  ; 

Second,  To  establish  in  such  district  a  high  school,  when 
directed  by  a  vote  of  the  district  at  any  annual  or  special 
meeting,  and  to  determine  the  qualifications  for  admission 
to  such  high  school  and  the  fees  to  be  paid  for  tuition  by 
non-resident  students:  Provided,  That  when  non-resident 
students,  their  parents  or  legal  guardians  shall  pay  a  school 
tax  in  said  district,  the  same  shall  be  credited  on  their  tui- 
tion a  sum  not  to  exceed  the  amount  of  such  tuition,  and 
they  shall  only  be  required  to  pay  tuition  for  the  difference 
between  the  amount  of  the  tax  and  the  amount  charged  for 
tuition ; 

Third,  To  audit  and  order  the  payment  of  all  accounts  of 
the  secretary  for  incidentals  or  other  expenses  incurred  by 
him  in  the  discharge  of  his  duties;  but  not  more  than  one 


GENERAL   SCHOOL  LAWS.  57 

hundred  dollars  shall  be  expended  by  the  secretary  in  one 
year  for  repairs  of  buildings  or  appurtenances  of  the  dis- 
trict property  or  for  necessary  appendages  without  the  au- 
thority of  the  board  of  education; 

Fourth,  To  estimate  and  vote  the  amount  of  tax  necessary,  TO  estimate 
in  addition  to  other  school  funds,  for  teachers'  wages,  fuel 
and  incidental  expenses,  for  the  ensuing  year,  and  when  the  tax- 
voters  fail  or  neglect  to  vote  the  same,  to  estimate  and  vote 
the  amount  of  tax  necessary  for  salaries  of  officers  and  ser- 
vants, and  when  such  tax  has  been  voted  by  the  board  of 
education  it  shall  be  reported  to  the  assessing  officer  in  the 
same  manner  as  other  taxes  of  the  district  are  reported; 

Fifth,  In  all  villages  and  cities  organized  as  graded  school 
districts  under  the  provisions  of  this  act,  in  which  districts  of  schools. 
six  or  more  teachers  are  employed,  to  employ  a  superintend- 
ent of  schools  who  shall  be  the  holder  of  at  least  a  state  life 
certificate  or  a  normal  school  diploma,  or  who  shall  have  edu- 
cational qualifications  equivalent  thereto,  and  said  superin- Duties  of 
ten  dent  shall  have  the  following  duties:  ffiSu. ' 

(a)  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause  until  the 
board  of  education,  or  a  committee  of  such  board,  may  con- 
sider such  suspension; 

(b)  To  classify  and  control  the  promotion  of  pupils; 

(c)  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  text-books  to  be 
used ; 

(d)  To  make  reports  in  writing  to  the  board  of  education 
and  to  the  superintendent  of  public  instruction  annually  or 
oftener  if  required,  in   regard  to  all  matters  pertaining  to 
the  educational  interests  of  the  district; 

(e)  To  supervise  and  direct  the  work  of  the  teachers; 

(f)  To  assist  the  board  in  all  matters  pertaining  to  the 
general    welfare  of   the   school   and   to   perform   such   other 
duties  as  the  board  may  determine. 

Sixth,  To  employ  all  legally  qualified  teachers  necessary  for  TO  employ 
the  several  schools  upon  recommendation  of  the  superintend-  determine 
ent,   and   to   determine   the   amount   of   their   compensation,  salary of- etc- 
and  to  require  the  secretary  and  president  to  make  contracts 
with  the  same  on  behalf  of  the  district  in  accordance  with 
the    provisions    of    law    governing   contracts   with   teachers : 
Provided,  That  the  board  of  education  may  employ  a  teacher  proviso, 
not  recommended  by  the  superintendent,  or  may  reinstate  a 
teacher  suspended  by  the  superintendent; 

Seventh,  To  employ  such  other  officers  and  servants  as  may  TO  employ 
be  necessary  for  the  management  of  the  schools  and  school  officers. 
property,   and  to   prescribe  their  duties  and  fix  their  com- 
pensation ; 

Eighth,  To  perform  such  other  duties  as  are  required  of    thw  duties 
district  boards  in  other  school  districts,  or  as  may  be  neces- 
sary  to  the  general  welfare  of  the  school  and  district. 


GENERAL   SCHOOL  LAWS. 


FIRST:  To  classify  and  grade. — People  y.  Detroit  Bd.  of  Ed.,  18/412. 
Under  our  system  it  is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Balti- 
more, 48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  prescribe 
the  course  of  studies  confers  the  power  to  provide  for  teaching  music  and  to 
purchase  a  piano  for  such  purpose. — Knabe  v.  Board  of  Education,  67  /  262. 

FOURTH :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director. — Farrel  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist.,  61/299). 
The  board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior 
to  the  annual  school  meeting. — Id.,  (citing  Tappan  v.  Sch.  Dist.,  44  /  500 ; 
Cleveland  v.  Amy,  88/374).  The  power  to  employ  teachers  conferred  upon 
the  district  boards  of  primary  schools  is  co-extensive  with  that  conferred  upon 
the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  376.  Teach- 
ers in  graded  schools  are  required  to  have  certificates  in  the  same  manner 
as  teachers  in  primary  schools ;  but  a  person  employed  by  the  board  to 
superintend  and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teach- 
er's certificate. — Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered 
to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to 
be  decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  44  /  502. 

FIFTH :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30/85.  Qualification  of  superintendent,  see  Davis  v.  Sch.  Dist,  81  / 
219-20. 

SIXTH :  A  contract  between  a  teachar  and  a  graded  school  district  Is 
invalid,  unless  the  teacher,  at  the  time  of  making  the  contract,  has  the  cer- 
tificate required  by  section  176,  authorizing  her  to  teach  during  the  term 
covered  by  the  contract ;  obtaining  a  certificate  after  the  making  of  the  con- 
tract, and  before  commencement  of  school,  is  not  a  compliance  with  the 
statute. — McCloskey  v.  Sch.  Dist.,  134  /  235.  • 


Altering 
boundaries  of 
graded  school 
districts. 


Proviso, 
appeal. 


Bond, 
amount  of, 
where  filed. 


Judge  of 
probate  to 
review 
action. 


(123)  §  4749.  SEC.  4.  No  alterations  shall  be  made  in 
the  boundaries  of  any  graded  school  district  without  the  con- 
sent of  a  majority  of  the  trustees  of  said  district,  which  con- 
sent shall  be  spread  upon  the  record  of  the  district,  and 
placed  on  file  in  the  office  of  the  clerk  of  the  township  or 
city  to  which  the  reports  of  said  district  are  made:  Pro- 
vided, however,  That  any  three  or  more  taxpaying  electors 
having  children  between  the  ages  of  five  and  twelve  years, 
residing  one  and  one-half  miles  or  more  from  a  schoolhouse 
in  such  district,  feeling  themselves  aggrieved  by  any  action, 
order  or  decision  of  the  board  of  trustees  with  reference  to 
the  alteration  of  said  school  district  affecting  their  interests, 
may,  at  any  time  within  sixty  days  from  the  time  of  such 
action  on  the  part  of  said  board  of  trustees,  appeal  from 
such  action,  order  or  decision  of  such  board  of  school  trustees 
to  the  judge  of  probate  of  the  county  in  which  such  school- 
house  is  situated,  in  the  same  manner,  as  nearly  as  may  be, 
as  appeals  from  the  action  of  the  township  board,  as  pro- 
vided by  chapter  nine  of  this  act.  Said  appellants  shall  file 
a  bond  with  said  judge  of  probate,  with  sufficient  sureties  to 
be  approved  by  said  judge  of  probate,  in  the  penal  sum  of 
not  exceeding  two  hundred  dollars  in  the  discretion  of  the 
court,  indemnifying  said  school  district  of  any  and  all  costs 
made  on  such  appeal  in  case  the  appellants  shall  not  prevail 
therein.  Whereupon  said  judge  of  probate  shall  be  empow- 
ered to  entertain  such  appeal,  and  review,  confirm  or  set 
aside  or  amend  the  action  of  the  board  of  trustees  appealed 
from. 

Am.   1899,   Act   258;    1909,   Act   83. 

*™°  ALTERATION:  People  v.  Ryan,  19/207;  Simpkins  v.  Ward,  45  / 
>59;  Burnett  v.  Inspectors  97  / 103.  Addition  of  territory  by  legislative 
action. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/439-41. 


GENERAL    SCHOOL   LAWS.  59 

(124)  §  4750.     SEC.  5.     Whenever  two  or  more  contigu-  Graded 
ous  districts,  having  together  more  than  one  hundred  children  district, 
between  the  ages  of  five  and  twenty  years,  after  having  pub-  trSmay " 
lished  in  the  notices  of  the  annual  meetings  of  each  district  unite  for. 
the  intention  to  take  such  action,  shall  severally,  by  a  vote  of 

a  majority  of  the  qualified  voters  attending  the  annual  meet- 
ings in  said  districts,  determine  to  unite  for  the  purpose  of 
establishing  a  graded  school  district  under  the  provisions  of 
this  chapter,  the  township  board  of  the  township  or  town-  Township 
ships  in  which  such  districts  may  be  situated  shall,  on  being 
properly  notified  of  such  vote,  proceed  to  unite  such  districts, 
and  shall  appoint  as  soon  as  practicable  a  time  and  place  for 
a  meeting  of  the  new  district,  and  shall  require  three  notices  Notices, 
of  the  same  to  be  posted  in  each  of  the  districts  so  united  at  posting  of> 
least  five  days  before  the  time  of  such  meeting,  and  at  such 
meeting  the  district  shall  elect  a  board  of  trustees,  as  pro- Board  of 
vided  in  section  one  of  this  chapter,  and  may  do  whatever 
business  may  be  done  at  any  annual  meeting. 

Am.   1909,   Act  83. 

(125)  §  4751.     SEC.  6.     Whenever  the  trustees  of  any  or-  Primary 
ganized  graded  school  district  shall  be  presented  twenty  days 
before  the  annual  meeting  thereof  with  a  petition  signed  by 

ten  voters  of  said  district,  stating  that  it  is  the  desire  of  said 
petitioners  that  at  the  annual  meeting  of  said  school  district 
there  shall  be  submitted  to  said  annual  meeting  the  proposi- 
tion to  change  from  a  graded  school  district  to  one  or  more 
primary   school    districts,    the   said    trustees   shall,    in   their 
notice  of  such  annual  meeting,  state  that  the  proposition  set 
forth  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two-thirds  of  the  qualified  voters  present  at  said  meeting 
shall  vote  to  change  to  one  or  more  primary  school  districts 
such  change  shall  be  made,  and  it  shall  be  the  duty  of  the  Township 
township  board  of  the  township  or  townships  in  which  such .Sutyof. 
district  is  situated,  upon  being  duly  notified  of  such  vote,  to 
proceed  to  change  or  divide  such  district  as  determined  by 
such  annual  meeting,  and  they  shall  provide  for  the  holding 
of  the  first  meeting  in  the,  or"  each  of  the,  proposed  primary  First 
school  districts  in  the  same  manner  as  is  provided  for  by  law  m 
for  the  organization  of  primary  school  districts,  and  whenever 
a  fractional  graded  school  district  shall  be  so  changed,  the  Factional 
township    boards    of  the  respective    townships    where    such 
graded  school  district  is  situated  shall  organize  the  said  dis- 
trict into  one  or  more  primary  school  districts,  as  provided 
for  by  law. 

Am.  Id. 


60 


GENERAL    SCHOOL   LAWS. 


CHAPTER  XI. 


Township 
or  city  may 
maintain 
library. 


Proviso, 
abandonment 


Further 
proviso,  in 
case  of 
legal  action. 

Further 

proviso, 

township 

school 

district. 


Who  are 
entitled  to 
privileges 
of  library. 

Proviso. 


Township 
library,  who 
to  have 
charge  of, 
etc. 


LIBRARIES. 

(126)  §  4752.     SECTI'ON  1.     A  library  may  be  maintained 
in  each  organized  township  or  city  which  shall  be  the  prop- 
erty of  the  township  or  city  and  under  the  control  of  the 
township  board  of  said  township  or  the  board  ,of  education 
of  the  village  or  city.    All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township 
or  city :    Provided,  That  if  in  the  judgment  of  said  township 
board  the  people  of  said  township  will  be  better  served  by 
disposing  of  said  library  to  the  several  school  districts  of  the 
township,  said  board  shall  have  authority  to  take  such  action, 
or  the  said  board  may  authorize  the  merging  of  the  township 
library  into  a  free  public  library    in    accordance    with    the 
statutes   authorizing  the   establishment  of  such   free  public 
libraries,    and   after   such   merging   the   free   public    library 
so    established    shall    receive    all    the    books    of    the    former 
township  library,  and  the  township  library  shall  be  consid- 
ered  abandoned:     Provided   further,   That   when    any   legal 
action  is  taken  or  becomes  necessary  concerning  the  township 
library  the  township  clerk  shall  represent  the  township  in 
all  actions  concerning  said  library:     Provided  further,  That 
when  any  township  has  already  been  organized  as  a  township 
school  district  or  shall  hereafter  be  organized  as  a  township 
school  district,  the  control  of  the  township  library  shall  pass 
from  the  township  board  to  the  board  of  education  of  such 
township,   and  all   rights,  powers  and  duties  heretofore  ex- 
ercised by  the  said  township  board  or  the  members  thereof 
shall  be  thereafter  exercised  and  performed  by  the  township 
board  of  education  through  the  proper  officers. 

Am.   1909,   Act  32. 

(127)  §  4753.     SEC.  2.     All  persons  who  are  residents  of 
the  township  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may  be 
lawfully  established  in  relation  thereto:     Provided,  That  per- 
sons residing  within  the  boundaries  of  any  school  district  in 
which  a  district  library  has  been  established  shall  be  entitled 
to  the  privileges  of  such  district  library  only. 

(128)  §  4754.     SEC.  3.     The  township  board  shall  have 
charge  of  the  township  library  and  the  township  treasurer 
shall   apply  for   and    receive    from    proper    authorities    all 
moneys  appropriated  for  the  township  library  and  shall  keep 
a  separate  account  of  such  funds.     The  township  treasurer 
shall  pay  out  such  library  moneys  on  the  order  of  the  town- 
ship clerk,  countersigned  by  the  supervisor.     The  township 
board  shall  purchase  books  and  procure  the  necessary  append- 


GENERAL    SCHOOL   LAWS.  61 

ages  for  the  township    library  :      Provided,    That    when    the  Proviso, 
township  library  shall   pass  to  the  control  of  the  township  ?ontrofS> 
board  of  education,  the  township  treasurer  shall  continue  to 
apply  for  and  receive  all  library  moneys  and  pay  them  over 
to  the  treasurer  of  the  board  of  education  upon  proper  war- 
rant of  the  township  district.     In  villages  or  cities  the  treas-  cities  or 
urer  of  the  board  of  education  shall  apply  for  and  receive  all  VI 
moneys  apportioned  or  appropriated  for  libraries  and  shall 
disburse  such  funds  in  the  same  manner  as  other  educational 
funds. 

Am.   1909,  Act  32. 

(129)  §  4755.     SEC.  4.     Said  board  shall  be  held  account-  who 

,  ,'      „          ,1  T  ,  .  /.     ,1  i  .      accountable 

able  for  the  proper  care  and  preservation  of  the  township  for  care,  etc., 
library,  and  shall  have  power  to  provide  for  the  safe  keep-  of  llbrary> 
ing  of  the  same,  to  prescribe  the  time  for  taking  and  return- 
ing books,  to  assess  and  collect  fines  and  penalties  for  the 
loss  or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  may  advise. 

(130)  §  4756.     SEC.  5.     The  township  board  shall  cause  Township 
the  township  library  to  be  kept  at  some  central  and  suitable  kept!7  whe 
place  in  the  township  which  it  shall  determine.     Said  board  Librarian, 
shall  also,  within  ten  days  after  the  annual  township  meet- 

ing,  appoint  a  librarian  for  the  term  of  one  year  to  have  the 
care  and  superintendence  of  said  library,  and  such  librarian 
shall  be  responsible  to  the  township  board  for  the  impartial 
enforcement  of  all  rules  and  regulations  lawfully  established 
in  relation  to  said  library. 

Am.   1909,  Act  32. 


(131)  §  4757.     SEC.  6.    Any  school  district,  by  a  majority 

vote  at  an  annual  or  special  meeting,  may  establish  a  school  library, 
district  library,  due  notice  of  said  action  to  be  stated  on  the  jJSe§SK 
annual  or  special  meeting  notice,  and  such  district  shall  be  Hshed,  etc. 
entitled  to  its  just  proportion  of  books  from  the  library  of  gjjare  of^ 
any  township  in  which  it  is  wholly  or  in  part  situated,  to  be  money. 
added  to  the  district  library,  and  also  to  its  equitable  share 
of  any  library  moneys    remaining    unexpended  in  any  such 
township  or  townships  at  the  time  of  the  establishment  of 
such  district  library  or  that  shall  thereafter  be  raised  by  tax 
in  such   township  or  townships  or  that  shall  thereafter  be 
apportioned  to  the  township  for  library  purposes. 

Am.  Id.       . 

(132)  §  4758.     SEC.  7.     The  district  board  of  any  school  J^™^ 
district  or  the  board  of  education  of  any  township  school  dis-  have  charge 
trict,  village  or  city  in  which  a  library  may  be  established  °  -  et 

in  accordance  with  the  provisions  of    this    act,    shall    have 
charge  of  such  library  and  provide  the  necessary  conveniences 


GENERAL   SCHOOL   LAWS. 


Township 
clerk  to 
report 
annually. 


Director, 
report  of, 
what  to 
include. 


Failure  to 
report. 


Forfeiture 
of  library 
moneys. 


for  the  proper  care  of  such  library,  and  said  board  shall  be 
responsible  for  and  shall  use  all  moneys  raised  or  appor- 
tioned for  its  support  in  accordance  with  the  provisions  of 
law. 

Libraries  are  within  the  proper  range  of  school  apparatus;  and  there  is 
nothing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benevo- 
lent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their  peo- 
Dle  by  enlarging  their  opportunities  for  culture  and  refinement  without  multi- 
plying or  increasing  their  burdens.— Maynard  v.  Woodard,  36  /  425,  427. 

(133)  §  4759.     SEC.  8.     The  township  clerk  shall  give  in 
his  annual  report  to  the  superintendent  of  public  instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
township  library  and  the  library  moneys  thereof  as  said  super- 
intendent of  public  instruction  shall  direct,  and  the  district 
board  or  board  of  education  of  any  district,  village  or  city 
having  a  library  shall  give  in  the  annual  report  of  the  di- 
rector or  secretary  such  facts  and  statistics  relative  to  the 
library  as  the  state  superintendent  of  public  instruction  may 
direct,  and  where  school  officers  report  to  the  township  clerk 
they  shall  include  similar  information  in  said  report  to  said 
clerk. 

Am.  Id. 

(134)  §  4760.    SEC.  9.    In  case  the  township  board  of  any 
township,  or  the  district  board  of  any  school  district,  or  the 
board  of  education  of  any  village,  city  or  township,  shall  fail 
to  make  the  reports  required  by  this  act,  or  in  case  it  shall 
appear   that   any   township   or   school    district   or   township 
district,  village  or  city  has  failed  to  use  the  library  money 
in  strict  accordance  with  the  provisions  of  law,  such  township 
or  district  or  township  district,  village  or  city  shall  forfeit 
its  share  of  the  library  moneys  that  are  apportioned  for  the 
ensuing  year  and  such  money  shall  be  apportioned  to  other 
township  districts,  villages  or  cities  in  the  county  as  here- 
inafter provided. 

Am.  Id. 


Annual 
statement  of 
townships, 
etc.,  entitled 
to  library 
money. 


Statement 
and  copy, 
to  whom 
furnished. 


(135)  §  4761.  SEC.  10.  The  superintendent  of  public 
instruction  shall  annually  and  previous  to  the  tenth  day  of 
May,  transmit  to  the  clerk  of  each  county  a  statement  of  the 
townships,  districts,  township  Districts,  villages  and  cities  in 
his  county  that  are  entitled  to  receive  library  moneys,  giving 
the  number  of  children  in  each  case  between  the  ages  of  five 
and  twenty  years  as  shall  appear  from  the  annual  reports  of 
such  townships,  districts,  towTnship  districts,  villages  or 
cities  for  the  school  year  last  ending.  Said  clerk  shall  file 
such  statement  in  his  office  and  shall  forthwith  furnish  a 
copy  thereof  to  the  county  treasurer.  The  state  superintend- 
ent shall  also  furnish  a  copy  of  such  statements  to  the  town- 
ship clerks  or  city  clerks  in  each  county. 

Am.  Id. 


GENERAL  SCHOOL  LAWS.  63 

(136)  §  4762.    SEC.  11.    The  proceeds  of  all  fines  for  any  Fines, 
breach  of  the  penal  laws  of  this  state,  when  collected  in  any  c£ 
county  and  paid  into  the  county  treasury,  together  with  all 
moneys  heretofore  collected  and  paid  into  said  treasury  on 
account  of  such  fines  and  not  already  apportioned,  shall  be 
apportioned    by  the  county  treasurer  in  accordance  with  the 
directions  of  the  superintendent  of  public  instruction,  as  pro- 
vided in  the  preceding  section,  before  the  first  day  of  June  in  when  applied 
each  year  among  the  several  townships,  districts,  township  of  SbraSes. 
districts,  villages  and  cities  in  the  county,  which  money  when 
received  by  the  proper  authorities  shall  be  exclusively  ap- 
plied to  the  support  of  township,  district,  township  district, 

village  and  city  libraries  and  to  no  other  purposes. 

Am.  Id. 

FINES,    ETC. :      See   Const.,  Art.   XI,   section  14,   and  notes  thereto. 

(137)  §  4763s     SEC.  12.      The    qualified    voters    of    each  ^e^may 
township  shall  have  power  at  any  annual  township  meeting,  support  of 
to  vote  a  tax  for  the  support  of  libraries  established  in  ac- l} 
cordance  with  the  provisions  of  this  act,  and  the  qualified 
voters  of  any  school  district,  in  which  a  district  library  shall 

be  established,  shall  have  power,  at  any  annual  meeting  of 
such  district,  to  vote  a  district  tax  for  the  support  of  said 
district  library.     When  any  tax  authorized  by  this  section  HOW  tax  to 
shall  have  been  voted,  it  shall  be  reported  to  the  supervisor,  asseS°drtand 
levied,  and  collected  in  the  same  manner  as  other  township  collected. 
and  school  district  taxes. 

(138)  §  4764.     SEC.  13.     The  district  board  or  board  of 
education   of   any   school    district   may    donate   or   sell   any 
library  book  or  books  belonging  to  such  district  to  the  town- 
ship board,  where  there  is  a  township  library  or  to  the  city 
library  in  cities,  and  such  books  shall  thereafter  form  a  part 
of  the  township  or  city  library. 


Am.    1909,   Act  32. 


CHAPTER  XIII. 


PENALTIES  AND   LIABILITIES. 


(139)      §  4765.     SECTION  1.     Any  taxable  inhabitant  of  a  Penalty  on 


newly  formed  district  receiving  the  notice  of  the  first  meeting,  Jor  neglect 
who  shall  neglect  or  refuse  duly  to  serve  and  return  such  Ol 
notice,  and  every  chairman  of  the  first  district  meeting  in  any 
district,  who  shall  wilfully  neglect  or  refuse  to  perform  the 
duties  enjoined  on  him  in  this,  act,  shall  respectively  forfeit 
the  sum  of  five  dollars. 

(140)      §  4766.     SEC.  2.     Any  person  duly  elected  to  the  penalty  on 
office  of  moderator,  director,  treasurer,  or  trustee  of  a  school  for  neglecting 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause,  «  fu 
to  accept  such  office  and  serve  therein,  or  who,  having  entered  duties. 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  per- 


64 


GENERAL   SCHOOL  LAWS. 


Township 
clerk,  lia- 
bility of, 
for  failure 
to  report. 


form  any  duty  required  of  him  by  virtue  of  his  office,  shall 
forfeit  the  sum  of  ten  dollars. 

Am.    1901,   Act    165. 

Hinman    v.    Sen.    Dist.,    4  / 170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  recover  their  taxes  from  such  officer. — Wall  v.  Eastman,  1  /  2(58. 

(141)  §  4768.  SEC.  4.  If  any  township  clerk  shall  neg- 
lect or  refuse  to  make  out  and  transmit  the  annual  report 
containing  the  reports  of  the  several  school  districts  of  his 
township  or  any  other  report  which  the  law  may  require  of 
him,  within  the  time  limited  therefor,  he  shall  be  liable  to 
pay  the  full  amount  lost  by  the  township  or  any  district  or 
districts  by  such  neglect  or  refusal,  with  interest  thereon,  to 
be  recovered  in  an  action  of  debt  or  on  the  case. 

Am.  1909,  Act  32. 

Sec.  3  was  repealed  by  Act  32,  1909. 

county  clerk  (142)  §  4769.  SEC.  5.  Any  county  clerk  or  county  com- 
Soner^ifabiiity  niissioner  of  schools  who  shall  neglect  or  refuse  to  transmit 
of,£orjaiiure  to  the  superintendent  of  public  instruction  the  reports  re- 
quired by  this  act  or  any  other  reports  which  the  law  may  re- 
quire, within  the  time  limited  therefor,  shall  be  liable  to  pay 
to  each  township,  village  or  city  the  full  amount  which  such 
township  or  any  school  district,  village  or  city  therein  shall 
lose  by  such  neglect  or  refusal,  with  interest  thereon  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

Am.  Id. 


How  moneys 
collected  on 
account  of 
neglect, 
disposed  of. 


(143)  §  4770.     SEC.  6.     All  the  moneys  collected  or  re 
ceived   by   any  township  treasurer  under  the  provisions   of 
either  of  the  two  last  preceding  sections,  shall  be  apportioned 
and  distributed  to  the  school  districts  entitled  thereto,  in  the 
same  manner  and  in  the  same  proportion  that  the  moneys  lost 
by  any  neglect  or  refusal  therein  mentioned  would,  according 
to  the  provisions  of  this  act,  have  been  apportioned  and  dis- 
tributed. 

(144)  §  4771.      SEC.   7.     Any   township   clerk   who   shall 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  dis- 
trict taxes  that  have  been  reported  to  him  as  required  by  this 
act,  and  any  supervisor  wilfully  neglecting  to  assess  any  such 
tax  shall  be  liable  to  any  district  for  any  damage  occasioned 
thereby,  to  be  recovered  by  the  treasurer  in  the  name  of  the 
district,  in  an  action  of  debt,  or  on  the  case. 

Am.   1901,  Act   165. 

primary  (145)     §  4772.    SEC.  8.    The  township  board  of  each  town- 

diSta.          slliP  containing  primary  school  districts  and  in  the  case  of 
°efflcers    factional  school  districts  the  township  board  of  the  township 
in  which  the   district  schoolhouse  thereof  is  situated,  shall 
have   power  and   is   hereby   required   to   remove   from   office, 


Liability  of 
township 
clerk  and 
supervisor 
in  regard  to 
district    taxes. 


be 
removed. 


GENERAL   SCHOOL   LAWS.  65 


upon  satisfactory  proof,  after  at  least  five  clays'  notice  to  the 
party  implicated,  any  district  officer  who  shall  have  illegally 
used  or  disposed  of  any  of  the  public  moneys  entrusted  to  his 
charge,  or  who  shall  persistently  and  without  sufficient  cause 
refuse  or  neglect  to  discharge  any  of  the  duties  of  his  office: 
Provided,  That  the  power  of  the  township  board  to  remove  Proviso, 
school  officers  from  office  shall  not  apply  when  the  township 
is  organized  as  a  school  district.     In  case  of  such  removal  Order  for 
it  shall  be  the  duty  of  the  township  clerk  of  such  township  bfSd^d. 
to  enter  in  the  records  of  such  township  the  resolution  or 
order  of  such  board  for  such  removal;  and  such  record  of 
such  resolution  or  order  so  entered  or  a  certified  copy  thereof 
shall   be   prima   facie  evidence  in   all  courts   and   places   of  Prima  fade 
jurisdiction  of  such  board  and  of  the  regularity  of  the  pro-  evidence- 
ceedings  for  such  removal,  and,  unless  the  party  so  removed 
shall,  within  thirty  days  after  such  removal,  institute  pro- 
ceedings  before   a   court   of   competent  jurisdiction   for  the 
removal  of  such  order  for  removal,  or  if  after  such  thirty 
days  such  proceedings  to  obtain  such  removal  shall  be  discon- 
tinued or  dismissed,  shall  be  conclusive  evidence  of  jurisdic- 
tion  and   regularity,   if   it   shall    appear  that  the   party   so 
removed  had  five  days'  notice  of  the  time  and  place  fixed  by 
said  board  for  the  hearing  of  the  case  as  aforesaid. 

Am.    1909,   Act    32. 

REMOVAL  :  When  a  member  of  the  board  is  interested  in  the  subject  for 
consideration  in  the  matter  of  removal,  he  is  not  competent  to  act. — Stock- 
well  v.  Twp.  Bd.  of  White  Lake,  22  /  341.  When  interest  deemed  too  remote 
to  disqualify.— -Ilamtramck  Twp.  Bd.  v.  Holihan,  46  / 127.  Proceedings  to 
remove  are  not  invalidated  because  the  board  did  not  meet  to  agree  on  the 
notice  under  which  the  proceedings  were  taken. — Wenzel  v.  Dorr  Twp.  Bd., 
49  /  25.  The  statute  contemplates  that  no  steps  shall  be  taken  until  the 
action  of  the  proper  authorities  has  been  invoked  by  complaint  of  some 
definite  violation  of  duty.  But  preliminary  formalities  may  be  waived. — 
Geddes  v.  Thomastown  Twp.,  46  /  318.  The  action  of  the  board  is  final  unless 
speedily  brought  up  for  review. — Id.  The  proceedings  are  in  the  nature  of 
a  judicial  investigation. — Stockwell  v.  White  Lake  Twp.  Board,  22  /  341. 

CAUSES  FOR  REMOVAL:  The  township  board  is  the  exclusive  judge  of 
the  facts  on  which  it  is  authorized  to  remove  a  school  officer. — Hamtramck 
Twp.  Bd.  v.  Holihan,  46/127.  Refusal  to  sign  the  director's  orders  for  the 
payment  of  money  is  not  alone  sufficient  cause  for  removal  of  the  moderator, 
for  he  has  a  right  to  determine  for  himself  whether  the  order  should  be 
issued. — Stockwell  v.  White  Lake  Twp.  Bd.,  22/341.  Persistent  refusal  by 
a  director,  without  cause,  to  make  needed  repairs  in  the  schoolhouse  furni- 
ture, etc.,  is  sufficient  cause  for  removal. — Ilamtramck  Twp.  Bd.  v.  Holihan, 
46  /  127.  Wilful  refusal  of  a  director  to  sign  a  teacher's  contract,  or  to 
accept  and  file  it,  or  to  draw  pay  orders  under  the  contract,  and  obstinate 
neglect  to  furnish  necessary  school  supplies  may  be  taken  into  account  in 
proceedings  for  removal. — Geddes  v.  Thomastown,  46/316.  A  woman  mod- 
erator cannot  be  removed  for  hiring  her  husband  to  teach  the  school. — Hazen 
v.  Akron  Twp.  Bd.,  48  / 188.  Nor  a  director  for  the  purchase,  in  his  dis- 
cretion, of  new  seats  for  the  schoolhouse,  under  an  order  of  the  annual  meet- 
ing "to  fix  the  schoolhouse  for  the  winter  term." — McLaren  v.  Akron  Twp. 
Bd  ,  48  /  189. 

CERTIORARI  :  Lies  to  review  the  proceedings  of  a  township  board  in  re- 
moving a  school  officer. — Stockwell  v.  White  Lake  Twp.  Bd.,  22/341;  Craw- 
ford v.  Twp.  Boards.  22  /  405  ;  24  /  248  ;  Merrick  v.  Arbela  Twp.  Bd.,  41  / 
630.  But  mere  insufficiency  of  evidence  to  establish  the  cause  for  removal  will 
not  warrant  a  reversal  of  the  board's  determination,  the  board  being  the  ex- 
clusive judge  of  the  facts. — Hamtramck  Twp.  Bd.  v.  Holihan,  46/127. 
Township  clerk's  return  as  to  testimony  taken  by  the  board  presumed  true. — • 
Taylor  v.  Shimmel,  107  /  676. 

(146)      §  4773.     S^c.  9.     No  school  officer,  superintendent, 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub-  not  to  act  as 
lisher,  or  seller  of  school  books,  or  shall  directly  or  indirectly 

9 


66 


GENERAL   SCHOOL  LAWS. 


receive  any  gift  or  reward  for  his  influence  in  recommending 
School  ^officers  the  purchase  or  use  of  any  library  or  school  book  or  school 
apparatus,  or  furniture  whatever,  nor  shall  any  school  officer 
be  personally  interested  in  any  way  whatever  in  any  contract 
with  the  district  in  which  he  may  hold  office.  Any  act  or 
neglect  herein  prohibited,  performed  by  any  such  officer,  su 
perintendent,  or  teacher,  shall  be  deemed  a  misdemeanor. 

(147)  §  4774.  SEC.  10.  All  provisions  of  this  act  shall 
apply  and  be  in  force  in  every  school  district,  township,  city 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 


not  to  be 
interested  in 
contracts  in 
certain  cases. 


Where  this 
act  shall 
apply. 


Johnston    v.    Mitchell,    120  /  589 ;     Detroit     Bd.    of    Education    v.     Moross, 
l  /  625. 


GENERAL    SCHOOL   LAWS.  67 


MISCELLANEOUS    PROVISIONS    RELATIVE    TO    EDU- 
CATION  AND   THE   SCH(K)LS. 

TEXT  BOOKS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in  public  schools  throughout  the  state,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act   147,    1889.] 

The  People  of  the  State  of  Michigan  enact: 

(148)  §  4775.      SECTION    1.     That   from   and   after  'Tune 
thirtieth,  eighteen  hundred  and  ninety,  each  school  board  of 
the  state  shall  purchase,  when  authorized,  as  hereinafter  pro- 
vided, the  text-books  used  by  the  pupils  of  the  schools  in  its 
district  in  each  of  the  following  subjects,  to  wit;  Orthogra  Subjects 
phy,  spelling,  writing,  reading,  geography,  arithmetic,  gram- 

mar  (including  language  lessons),  national  and  state  history, 
civil  government,  and  physiology  and  hygiene;  but  text-books  Change, 
once  adopted  under  the  provisions  of  this  act  shall  not  be 
changed  within  five  years:     Provided,  That  the  text-book  on  Proviso, 
the  subject  of  physiology  and  hygiene  must  be  approved  by 
the  state  board  of  education,  and  shall  in  every  way  comply 
With  section  fifteen  of  act  number  one  hundred  and  sixty-five 
of  the  public  acts  of  eighteen  hundred  and  eighty-seven,  ap- 
proved June  ninth,  eighteen  hundred  and  eighty-seven :  And  Further 
Provided  further,  That  all  text-books  used  in  any  school  dis-  pro 
trict  shall  be  uniform  in  any  one  subject. 

The   section   above  referred   to   is  section  61. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
Bd.  of  Education  v.  Detroit,  80/548. 

TEXT-BOOKS :  The  provision  of  the  law  that  books  once  adopted  shall 
not  be  changed  within  five  years  was  designed  to  protect  the  public  and  not 
for  the  benefit  of  book  publishers. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
for  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five  years 
began  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book 
\v;is  completely  installed  in  the  school.  A  resolution  of  the  board  to  pur- 
chase certain  text-books  for  "supplementary  use"  shows  no  intention  to 
adopt,  and  is  illegal  and  void. — Att'y  Gen'l,  ex  rel.  Marr  v.  Bd.  of  Edu.  De- 
troit ;  D.  C.  Heath  &  Co.  v.  same,  133  /  681. 

(149)  §  4776.     SEC.  2.     The  district  board  of  each  school  Board 
district  shall  select  the  kind  of  text-books  on  subjects  enumer- 
ated  in  section  one  to  be  taught  in  schools  of  their  respective 
districts :     Provided,  That  nothing  herein  contained  shall  re-  Proviso. 
quire  any  change  in  text-books  now  in  use  in  such  district. 


GENERAL    SCHOOL   LAWS. 


Notice  to 
vote  on 
question. 


Books  to  be 
property  of 
district,  etc. 


Proviso. 


Further 
proviso. 


Board  to 
contract 
with  pub- 
lishers, etc. 


Proviso. 


Board  to 
make  annual 
estimate  of 
amount  to 
be  raised. 


They  -shall  cause  to  be  posted  in  a  conspicuous  place,  at  least 
ten  days  prior  to  the  first  annual  school  meeting  from  and 
after  the  passage  of  this  act,  a  notice  that  those  qualified  to 
vote  upon  the  question  of  raising  money  in  said  district  shall 
vote  at  such  annual  meeting  to  authorize  said  district  board 
to  purchase  and  provide  free  text-books  for  the  use  of  the 
pupils  in  said  district.  If  a  majority  of  all  the  voters  as 
above  provided  present  at  such  meeting  shall  authorize  said 
board  to  raise  by  tax  a  sum  sufficient  to  comply  with  the  pro- 
visions of  this  act,  the  district  board  shall  thereupon  make  a 
list  of  such  books  and  file  one  copy  with  the  township  clerk 
and  keep  one  copy  posted  in  the  school,  and  due  notice  of  such 
action  by  the  district  shall  be  noted  in  the  annual  report  to 
the  superintendent  of  public  instruction.  The  district  board 
shall  take  the  necessary  steps  to  purchase  such  books  for  the 
use  of  all  pupils  in  the  several  schools  of  their  district,  as 
hereinafter  provided.  The  text-books  so  purchased  shall  be 
the  property  of  the  district  purchasing  the  same,  and  shall  be 
loaned  to  pupils  free  of  charge,  under  such  rules  and  regula- 
tions for  their  careful  use  and  return  as  said  district  board 
may  establish:  Provided,  That  nothing  herein  contained 
shall  prevent  any  person  from  buying  his  or  her  books  from 
the  district  board  of  the  school  in  which  he  or  she  may 
attend:  Provided  further,  That  nothing  herein  contained 
shall  prevent  any  district  having  once  adopted  or  rejected 
free  text-books  from  taking  further  action  on  the  same  at  any 
subsequent  annual  meeting. 

(150)  §  4777.     SEC.  3.     It  shall  be  the  duty  of  the  dis- 
trict board  of  any  school  district  adopting  free  text-books  pro- 
vided for  in  this  act  to  make  a  contract  with  some  dealer  or 
publisher  to  furnish  books  used  in  said  district  at  a  price  not 
greater  than  the  net  wholesale  price  of  such  books:     Pro- 
vided, That  any  district  may,  if  it  so  desires,  authorize  its 
district  board  to  advertise  for  proposals  before  making  such 
contract. 

(151)  §  4778.    SEC.  4.    The  district  board  of  every  school 
district  in  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount 
of  money  necessary  to  be  raised  to  comply  with  the  condi- 
tions of  this  act,  and  shall  add  such  amount  to  the  annual 
estimates  made  for    money    to    be    raised    for    school    pur- 
poses, for  the  next  ensuing  year.     Said  sum  shall  be  in  addi- 
tion to  the  amount  now  provided  by  law  to  be  raised;  which 
amount  each  township  clerk  shall  certify  to  the  supervisor 
of  his  township  to  be  assessed  upon  the  taxable  property  of 
the  respective  districts  as  provided  by  law  for  raising  the 
regular  annual  estimates  of  the  respective  district  boards  for 
school  purposes,  and  when  collected  shall  be  paid  to  the  dis- 
trict treasurer  in  the  same  manner  as  all  other  money  be- 
longing to  said  district  is  paid. 


GENERAL   SCHOOL   LAWS.  69 

(152)  §  4779.     SEC.  5.     On  the  first  day  of  February  next  when  director 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 

trict  may  proceed  to  purchase  the  books  required  by  the  pupils 
of  his  district  from  the  list  mentioned  in  section  one  of  this 
act,  and  shall  draw  his  warrant,  countersigned  by  the  moder ' 
ator,  upon  the  treasurer  or  assessor  of  the  district  for  price 
of  the  books  so  purchased,  including  the  cost  of  transporta- 
tion. 

(153)  §  4780.     SEC.  6.     If  the  officers  of  any  school  dis- 

trict,  which  has   so  voted  to   supply  itself  with  text-books,  duty  amis- 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis-  d 
trict  for  the  use  of  the  pupils  thereof,  the  text-books  as  enu- 
merated in  section  one  of  this  act,  or  to  provide  the  money 
therefor  as  herein  prescribed,  each  officer  or  member  of  such 
board  so  refusing  or  neglecting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  a  court  of  Penalty. 
competent  jurisdiction,  shall  be  liable  to  a  penalty  of  not 
more  than  fifty  dollars  or  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court :     Provided,  Proviso. 
That  any  district  board  may  buy  its  books  of  local  dealers  if 
the  same  can  be  purchased  and  delivered  to  the  director  as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid 
to  the  district  board :    Provided  further,  That  school  districts  Further 
in  cities  organized  under  special   charters  shall  be  exempt pl 
from  the  provisions  of  this  act,  but  such  districts  may,  when  in  cities, 
so   authorized  by  a  majority  vote  of  their   district  boards,  submit  ques- 
submit  the  question  of  free  text-books  to  the  qualified  voters 
of  said  districts.     If  a  majority  of  the  qualified  electors  vote 
in  favor  of  furnishing  free  text-books,  such  district  boards 
shall  have  authority  to  proceed  under  the  provisions  of  this 
act. 

SPECIAL  CHARTERS  :  The  action  of  the  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
tion, was  held  absolutely  void. — Bd.  of  Ed.  v.  Detroit,  80  /  551. 


AGRICULTURAL  COLLEGE  COURSE. 

An  Act  to  prescribe  and  define  a  course  of  studies  to  be  taught  in  the 
district  schools  of  this  state  which  shall  be  known  as  the  agricul- 
tural college  course. 

[Act    181,    1897.] 

The  People  of  the  State  of  Michigan  enact: 

(154)  §  4791.  SECTION  1.  That  the  superintendent  ofwhotopre- 
public  instruction  shall  prepare  for  district  schools  a  course  PfarstuCdy.rse 
of  study,  comprising  the  branches  now  required  for  third 


70 


GENERAL    SCHOOL   LAWS. 


grade  certificates,  which  shall  be  known  and  designated  "the 
agricultural  college  course,"  and  upon  the  satisfactory  com- 
pletion of  this  course  of  study,  as  evidenced  by  a  diplorca  or 
certificate,  duly  signed  by  the  county  commissioner  of  schools, 
pupils  shall  be  admitted  to  the  freshman  class  of  the  agricul- 
tural  college  without  further  examination.  It  shall  be  the 
duty  of  the  secretary  of  the  agricultural  college  each  year 
to  send  to  each  rural  school  district  in  the  state  a  college 
catalogue,  and  upon  application  to  furnish  to  such  schools 
such  other  information  as  may  be  desired  relative  to  said 
college.  Such  catalogue  and  other  information  shall  be  kept 
in  each  school  for  reference. 


Coiiege 


districts1 


KINDERGARTEN  WORK. 

An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  of  this  state. 


Duty  of 
district 
board. 


Qualifica- 
tions of  teach- 
ers, etc. 


What  children 
entitled  to 
instruction. 


Act  to  apply 
to  certain 
other  schools. 


*[Act    119,    1891.] 

The  People  of  the  State  of  Michigan  enact: 

(155)  §  4792.    SECTION  1.    That  in  addition  to  the  duties 
imposed  by  law  upon  the  district  board  of  every  school  dis- 
trict in  this  state,  they  shall  also  be  empowered  to  provide 
a  suitable  room  or  apartment  for  kindergarten  work,  and 
to  supply  their  district  respectively  with  the  necessary  ap- 
paratus  and   appliances   for  the  instruction   of  children   in 
what  is  known  as  the  kindergarten  method. 

(156)  §  4793.     SEC.  2.     In  the  employment  of  teachers  it 
shall  be  competent  for  such  district  board  to  require  qualifi- 
cations for  instruction  of  children  in  kindergarten  methods, 
and  the  district  board  may   provide  by   contract  with  the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe 

(157)  §  4794.     SEC.  3.     All  children  residing  within  the 
district  between  the  ages  of  four  and  seven  shall  be  entitled 
to  instructions  in  the  kindergarten  department  of  such  dis- 
trict school. 

(158)  §  4795.    SEC.  4.    The  powers  and  duties  herein  im- 
posed or  conferred  upon  the  district  shall  also  be  and  the 
same   are   hereby   imposed    and   conferred   upon    the   school 
trustees  or  board  of  education  or  other  body,  by  whatever 
name  known,  managing  or  controlling  the  public  schools  in 
each  city  and  village  of  this  state;   and  this  act  is  hereby 
made  applicable  to  every  public  school  organized  by  special 
act  or  by  charter  as  fully  as  if  they  were  named  herein. 

*  As  to  certificates,  and  payment  of  kindergarten  teachers,  see  section  324. 


GENERAL    SCHOOL   LAWS. 


STUDY  OF  DANGEROUS  DISEASES. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act   146,   1895.] 

The  People  of  the  State  of  Michigan  enact: 

;  •    * :  i   •  i  ;    1 1  -   <  j  .  -.  i  '  ;  | "  r  i 

(159)  §  4796.    SECTION  1.    There  shall  be  taught  in  every  Dangerous 
year  in  every  public  school  in  Michigan  the  principal  modes 

by  which  each  of  the  dangerous  communicable  diseases  are 
spread  and  the  best  methods  for  the  restriction  and  preven-  etc.,  to  be' 
tioii  of  each  such  disease.    Such  instruction  shall  be  given  by  JSuf in 
the  aid  of  text-books  on  physiology,  supplemented  by  oral  and  schools 
blackboard  instruction.     From  and  after  July  first,  nineteen 
hundred  ten,  no  text-book  on  physiology  shall  be  adopted  for 
use  in  the  public  schools  of  this  state,  unless  it  shall' give  at 
least  one-eighth  of  its  space  to  the  causes  and  prevention  of 
dangerous  communicable  diseases.    Text-books  used  in  giving  Text-books, 
the  foregoing  instruction  shall,  before  being  adopted  for  use  approval 
in  the  public  schools,  have  that  portion  given  to  the  instruc- 
tion in  communicable  diseases  approved  by  the  state  board  of 
health  to  the  state  board  of  education. 

Am.    1909,   Act   141. 

(160)  §  4797.     SEC.  2.     Neglect  or  refusal  on  the  part  of  JJj^J" 
any  superintendent  or  teacher  to  comply  with  the  provisions  refusal  to 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal 

from  the  school  by  the  school  board.  Any  school  board  wil- 
fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.  This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


GENERAL    SCHOOL   LAWS. 


PUBLICATION    OF    PROCEEDINGS    OF    ANNUAL    SCHOOL 
MEETINGS. 

An  Act  to  provide  for  the  publication  of  the  proceedings  of  the  an- 
nual school  meeting,  and  an  annual  financial  statement  in  graded 
school  districts  in  which  a  newspaper  is  published,  and  to  provide 
for  the  expense  thereof,  and  fixing  a  penalty  for  failure  to  make 
such  publication.  • 

[Act   185,    1897.] 


Proceedings 
of  annual 
school  meet- 
ings, to  be 
published. 


Penalty  for 
neglect. 


The  People  of  the  State  of  Michigan  enact: 

(161.)  §  4800.  SECTION  1.  Previous  to  the  first  Monday 
in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district 
in  this  state  shall  cause  to  be  published  in  a  newspaper  pub- 
lished in  said  district  or  in  the  county  in  which  said  district 
is  located,  said  newspaper  to  be  designated  by  said  board  of 
education,  a  complete  statement  of  the  proceedings  of  the 
annual  school  meeting  and  an  itemized  financial  statement 
of  the  receipts  and  expenditures  of  said  district  during  the 
preceding  school  year,  the  expense  of  said  publication  to  be 
paid  out  of  the  general  fund  of  the  district. 

Am.   1905,   Act   305. 

(162)  §  4801.  SEC.  2.  If  any  board  of  education  or 
board  of  trustees  shall  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  act  each  member  of  any  such  board  shall  for- 
feit the  sum  of  ten  dollars  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction. 

Am.  Id. 


DISPLAY  OF   U.  S.  FLAGS. 

An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  state. 


Flags  and 
appliances 
to  be  pur- 
ch< 


Time  for 
displaying. 


[Act    56,    1895.] 

The  People  of  the  State  of  Michigan  enact: ' 

(163)  §  4802.  SECTION  1.  That  the  board  of  education 
or  the  board  of  school  trustees  in  the  several  cities,  townships, 
villages  and  school  districts  of  this  state  shall  purchase  a 
United  States  flag  of  a  size  not  less  than  four  feet  two  inches 
by  eight  feet  and  made  of  good  flag  bunting  -"A,"  flag  staff 
and  the  necessary  appliances  therefor  and  shall  display  said 
flag  upon,  near,  or  in  a  conspicuous  place  within,  the  public 
school  building  during  school  hours  and  at  such  other  times 


GENERAL    SCHOOL   LAWS.  73 

as  to  the  said  board  may  seem  proper;  and  that  the  neces-  Expense  to 
sary  funds  to  defray  the  expenses  to  be  incurred  herein  shall  fem^oS 
be  assessed  and  collected  in  the  same  manner  as  moneys  for  moneys 
public  school  purposes  are  collected  by  law.     And  the  penal-  Penalty. 
ties  for  neglect  of  duty  provided  in  section  two,  chapter  thir- 
teen of  the  general  school  laws,  shall  apply  to  any  school 
officer   refusing  to   comply   with  the  provisions  of  this  act. " 


RETURNS  FROM  ACADEMIES. 

An  Act  requiring  certain  returns  to  be  made  from  incorporated  acad- 
emies, and  other  literary  institutions. 

[Act   19,    1839.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan. 

(164)  §  4803.  SECTION  1.  That  it  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad-  supermtend 
emy,  or  literary  or  collegiate  institution,  heretofore  incorpo- 
rated  or  hereafter  to  be  incorporated,  to  cause  to  be  made  out 
by  the  principal  instructor,  or  other  proper  officer,  and  for- 
warded, by  mail  or  otherwise,  to  the  office  of  the  superintend- 
ent of  public  instruction,  between  the  first  and  fifteenth  days 
of  December,  in  each  year,  a  report,  setting  forth  the  amount 
and  estimated  value  of  real  estate  owned  by  the  corpora- 
tion,  the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources,  the  number  of  instructors,  the 
number  of  students  in  the  different  classes,  the  studies  pur- 
sued, and  the  books  used,  the  course  of  instruction,  the  terms 
of  tuition,  and  such  other  matters  as  may  be  specially  re- 
quested by  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  enable  the  superintendent  of  public  instruction  to  lay  be- 
fore the  legislature  a  fair  and  full  exhibit  of  the  affairs  and 
condition  of  said  institutions. 
10 


74 


GENERAL    SCHOOL   LAWS. 


Regents 
may  grant 
certificates. 


Certificate 
may  be 
annulled. 


Proviso. 


TEACHERS'  CERTIFICATES. 

An   Act  to   authorize  the   regents   of  the  university   of  Michigan   to 
'grant  teachers'  certificates  in  certain  cases,  and  to  repeal  act  one 
hundred  forty-four  of  the  public  acts  of  eighteen  hundred  ninety- 
one,   and  all   other  acts   or  parts   of   acts  contravening  the   provi- 
sions of  this  act. 

[Act   213,   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(165)  SECTION  1.  The  regents  of  the  university  of  Michi- 
gan, through  the  faculty  of  the  department  of  literature,  sci- 
ence and  the  arts,  may  grant  to  every  person  receiving  a  bach- 
elor's, master's  or  doctor's  degree,  and  also  a  teacher's  di- 
ploma for  work  done  in  the  science  and  the  arts  of  teaching 
in  said  university,  a  certificate  which  shall  serve  as  a  legal 
certificate  of  qualification  to  teach  in  any  of  the  schools  of 
this  state,  when  a  copy  thereof  shall  have  been  filed  or  re- 
corded in  the  offices  of  the  legal  examining  officer  or  officers 
of  the  county,  township,  city  or  district  where  such  person 
expects  to  teach.  Such  certificate  shall  not  be  liable  to  be 
annulled  except  by  the  said  board  of  regents;  but  its  effect 
may  be  suspended  in  any  county,  township,  city  or  district 
and  the  holder  thereof  may  be  stricken  from  the  list  of  quali- 
fied teachers  in  such  county,  township,  city  or  district  by  the 
legal  examining  officer  or  officers  of  the  said  county,  town- 
ship, city  or  district  for  any  cause  and  in  the  same  manner 
that  such  examining  officer  or  officers  may  be  by  law  author- 
ized to  revoke  certificates  granted  by  himself  or  themselves, 
and  such  suspension  shall  continue  in  force  until  revoked  by 
the  authority  suspending :  Provided,  That  the  said  board  of 
regents  may  recognize  and  give  credit  for  work  done  in  other 
educational  institutions  in  the  science  and  art  of  teaching,  if 
said  work  is  equivalent  to  the  work  done  in  the  university  of 
Michigan. 

Sec.  2  repeals  Act  144,  1891. 


Granting 
teachers' 
certificates 
without  ex- 
amination. 


An  Act  to  authorize  the  state  board  of  education  to  grant  teachers' 
certificates  in  certain  cases. 

[Act   136,    1893.] 

The  People  of  the  State  of  Michigan  enact: 

(166)  §  4805.  .SECTION  1.  The  state  board  of  education 
is  hereby  empowered  to  grant  teachers'  certificates  without 
examination  to  any  person  who  has  received  a  bachelor's, 
master's^  or  doctor's  degree  from  any  college  in  this  state 


GENERAL    SCHOOL   LAWS.  75 

having  a  course  of  study  actually  taught  in  such  college  of 
not  less  than  four  years  in  addition  to  the  preparatory  work 
necessary  for  admission  to  the  university  of  Michigan,  and 
in  addition  to  or  as  a  part  of  such  work  a  course  in  the 
science  and  art  of  teaching  of  at  least  one  college  year  of  five 
and  a  half  hours  per  week,  and  in  connection  with  this  special 
course  each  student  shall  have  had  opportunity  for  observa- 
tion of  the  actual  work  done  in  the  grades  of  and  high  schools 
of  the  public  schools.  The  special  course  of  study  herein 
prescribed  shall  have  been  approved  by  the  state  board  of 
education  before  any  graduate  of  such  institution  shall  re- 
ceive a  teachers'  certificate,  and  before  any  certificate  shall 
be  issued  to  any  person  the  faculty  of  such  college  shall  give 
to  the.  state  board  of  education  its  recommendation  for  each 
student,  stating  that  in  the  judgment  of  the  faculty  the  ap- 
plicant is  entitled  to  receive  such  certificate  and  that  the 
applicant  has  taken  the  prescribed  course  in  the  science  and 
art  of  teaching  and  observation  of  public  school  work.  Each 
person  making  application  to  the  state  board  of  education  for 
a  teachers'  certificate  under  the  provisions  of  this  act  shall 
be  thoroughly  examined  by  the  faculty  of  the  college  and 
shall  be  entitled  to  a  diploma  from  such  college.  The  char- 
acter of  the  examination  shall  be  such  as  to  show  the  qualifi- 
cation and  fitness  of  the  person  for  teaching.  If  the  person  Life  cer- 
making  application  for  such  certificate  shall  furnish  to  the  tlj 
said  state  board  of  education  satisfactory  proof  of  having 
taught  successfully  for  three  years  prior  to  graduation  from 
said  college,  said  certificate  shall  be  a  life  certificate,  but  if 
such  proof  is  not  furnished  said  board,  then  the  certificate 
granted  shall  be  for  four  years  only  and  a  life  certificate  may  Limited 
at  any  time  thereafter  be  issued  by  said  board  upon  the  filing 
with  the  said  board  of  satisfactory  proof  that  the  applicant 
has  taught  successfully  for  three  years.  Such  certificate  shall  Authority  of 
entitle  the  holder  to  "teach  in  any  of  the  public  schools  of  c( 
this  state  without  examination,  provided  a  copy  of  said  cer- 
tificate shall  have  been  filed  or  recorded  in  the  office  of  the 
legal  examining  officer  or  officers  of  the  county  or  city  in 
which  such  person  is  to  teach,  and  such  certificate  shall  be 
revoked  only  by  the  state  board  of  education  and  by  said 
board  only  for  cause  after  a  personal  hearing  of  the  case. 

Am.    1907,   Act    112. 

(167)  §  4806.     SEC.  2.     It  shall  be  the  duty  of  the  said  Duty  of 
board  of  education  to  carefully  examine  any  course  of  study 

in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same. 

(168)  §  4807.     SEC.  3.     If,  at  any  time,  the  said  board  of  Jg^J^gJ0" 
education  shall  conclude  that  any  college,  the  graduates  of  duty  of  board, 
which   may  desire  to  receive  such  certificate,  is  not  giving 

such  instruction  in  the  science  and  art  of  teaching  and  in  the 


76 


GENERAL    SCHOOL   LAWS. 


other  branches  as  shall  be  approved  by  said  board,  then  said 
board  shall  so  determine  by  a  formal  resolution,  and  shall 
give  notice  thereof  to  the  trustees  of  such  college,  and  there- 
after no  teachers'  certificates  shall  be  given  by  said  board  to 
the  graduates  of  such  college  until  said  board  shall  be  satis- 
fied that  proper  instruction  in  the  science  and  art  of  teaching 
and  in  [the]  other  branches  is  given  by  such  college,  and  shall 
certify  such  fact  to.  the  trustees  of  such  college. 


An  Act  to  authorize  the  state  board  of  agriculture  to  grant  teachers' 
certificates  in  certain  cases. 


Teacher's 
certificate, 
granting  of, 
duration. 


Recording 
validates. 


Record  of, 
by  whom 
kept,  etc. 


[Act   165,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(169)  SECTION   1.  The  state  board  of  agriculture,  on  recom- 
mendation of  the  president  and  heads  of  departments  of  the 
Michigan  agricultural  college,  is  hereby  authorized  to  grant 
to  persons  who  have  completed  the  regular  four  year  course 
in  agriculture,  together  with  a  course  in  pedagogics  cover- 
ing at  least  a  half  year's  special  instruction  in  such  subject, 
a  teacher's  certificate,  which  shall  serve  as  a  legal  qualifica- 
tion  to  teach   agriculture   and   the   related   sciences   in   an}r 
of  the  public  schools  of  this  state  for  the  period  of  three 
years. 

(170)  SEC.  2.     Before    the    certificate    herein    mentioned 
shall  be  valid  in  any  county  or  city,  the  holder  thereof  shall 
record  the  same  in  the  office  of  the  legal  examining  officer  of 
the  county  or  city  where  such  person  expects  to  teach.     Such 
certificate  shall  not  be  liable  to  be  annulled,  except  by  the 
said  state  board  for  any  cause  which  would  have  justified 
the  board  in  withholding  such  certificate. 

(171)  SEC.  3.    The  secretary  of  the  Michigan  agricultural 
college  shall   keep   a   record   of  all   teachers'   certificates  so 
granted  by  said  state  board  of  agriculture  and  shall  furnish 
the  superintendent  of  public  instruction  annually  with  a  copy 
of  such  list. 


GENERAL   SCHOOL   LAWS.  77 


COUNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of 
schools,  for  the  appointment  of  school  examiners,  [and]  to  define 
the  duties  and  fix  the  compensation  for  the  same,  and  to  repeal 
all  existing  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act. 

[Act  147,  1891.] 

I  !          ,1 

?  'M      ii 

The  People  of  the  State  of  Michigan  enact: 

(172)     §  4808.    SECTION  1.    At  each  annual  meeting  of  the  Examiner, 
several  boards  of  supervisors  of  the  different  counties  of  the  oF,Pterm?eetc. 
state,  the  said  several  boards  of  supervisors  shall  appoint  one 
examiner  who  shall  hold  his  office  for  a  period  of  two  years 
from  and  after  the  first  day  of  January  following  his  or  her 
election,  or  until  his  successor  shall  have  been  appointed  and 
qualified,  and  said  examiner,  together  with  the  commissioners 
of  schools,  shall  constitute  a  board  of  school  examiners.    Any  Eligibility. 
person  shall  be  eligible  to  the  office  of  examiner  who  shall 
hold  at  least  a  second  grade  certificate,  and  has  taught  in  the 
public  schools  at  least  nine  months,  or  who  has  the  qualifica- 
tions required  of  commissioner  in  section  three  of  this  act, . 
except  an  experience  of  twelve  months  as  teacher.    In  case  a  vacancy. 
vacancy  shall  occur  at  any  time  in  the  office  of  school  exam- 
iner, the  judge  of  probate,  together  with  the  board  of  school 
examiners  of  the  county  in  which  such  vacancy  shall  have 
occurred,  shall,  within  ten  days  after  the  occurrence  of  such 
vacancy,  appoint  some  suitable  person  to  fill  such  vacancy. 
And  the  person  so  appointed  shall  hold  the  office  for  the  un- 
expired  portion  of  the  term,  or  until  his  or  her  successor  is 
appointed  and  has  qualified.    Within  ten  days  after  such  com-  oath,  where 
missioners  or  examiners  shall  have  received  legal  notice  of  his  filed>  et 
or  her  election,  he  or  she  shall  take  and  subscribe  the  consti- 
tutional oath  of  office,  and  the  same  shall  be  filed  with  the 
county  clerk.     The  said  county  commissioner  so  appointed,  Bond,  where 
shall  execute  a  bond  with  two  sufficient  sureties  to  be  ap-  filed>  etc> 
proved  by  and  filed  with  the  county  clerk,  in  the  penal  sum  of 
one  thousand  dollars,  conditioned  that  he  or  she  shall  faith- 
fully discharge  the  duties  of  his  or  her  office  according  to  law, 
and  to  faithfully  account  for  and  pay  over  to  the  proper  per- 
sons all  moneys  which  may  come  into  his  or  her  hands  by  rea- 
son  of  his   or  her  holding  such   office;   and   thereupon  the 
county  clerk  shall  report  the  name  and  postoffice  address  of 
such    county    commissioner   to   the    state   superintendent   of 
public  instruction. 

Am.   1901,   Act  43  ;   1909,  Act  221. 

This  act   supersedes   Chap.   12   of  Act   164   of   1881.      As   to   the  election   of 
school  examiner  under  that  law,  as  amended  by  Act  266  of  1887,  see  Conrad 

V'  ELECTION  OF'  EXAMINERS  :  The  appointment  by  a  board  of  supervisors 
of  a  member  of  the  board  of  examiners  is  the  transaction  of  ordinary  busi- 
ness for  which  a  majority  of  a  quorum  is  sufficient,  and  the  appointee  is 
not  required  to  receive  the  votes  of  a  majority  of  all  the  members  elected. — 
Ilowland  v.  Prentice,  143/347. 


78 


GENERAL   SCHOOL  LAWS. 


Election  of 
county  com- 
missioner of 
schools. 


File  oath 
and  bond. 


Proviso  as 
to  Chippewa 
county. 


Proviso  as  to 
Lake  county. 


Eligibility. 


Proviso, 
teachers' 
certificate. 


Further 
proviso. 


Further 
pr»viso. 


(173)  §  4809.     SEC.  2.     There    shall    be    elected    at    the 
election  held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or 
her  successor    shall    be    elected    and  qualified.     The  comity 
commissioner  of  schools  elected  under  the  provisions  of  this 
section  shall  file  with  the  county  clerk  for  the  county  for 
which  he  or  she  is  elected,  his  or  her  oath  of  office  and  bond, 
the  same  as  provided  in  section  one  of  this  act,  and  the  county 
clerk  shall  make  the  same  report  to  the  superintendent  of 
public  instruction  in  all  respects  as  provided  in  section  one 
of  this  act :     Provided,  That  in  the  county  of  Chippewa  the 
commissioner  of  schools  heretofore  elected  on  the  first  Mon- 
day in  April,  nineteen  hundred  three,  shall  hold  office  until 
the  first  day  of  January,  nineteen  hundred  nine,  or  until  his 
successor  shall   be  elected   and   qualified.     Hereafter  in   the 
said  county  of  Chippewa,   a  commissioner  of  schools  shall 
be  elected  at  the  general  election  to  be  held  in  November, 
nineteen  hundred  eight,  and  every    fourth    year    thereafter, 
whose  term  of  office  shall  commence  on  the  first  day  of  Janu- 
.ary  next  following  his  or  her  election:     Provided,  That  in 
the  county  of  Lake  the  commissioner  of  schools  heretofore 
elected  on  the  first  Monday  in  April,  nineteen  hundred  seven, 
shall  hold  office  until  the  first  day  of  January,  nineteen  hun- 
dred eleven,  or  until  his  successor  shall  be  elected  and  quali- 
fied.    Hereafter  in  the  said  county  of  Lake,  a  commissioner 
of  schools  shall  be  elected  at  the  general  election  to  be  held 
in  nineteen  hundred  ten   and  every  fourth  year  thereafter, 
whose  term  shall  commence  on  the  first  day  of  January  next 
following  his  or  her  election. 

Am.   1901,   Act  35;   1905,  Act  169;   1907,   Act   115. 

(174)  §  4810.     SEC.  3.     Persons  eligible  to  hold  the  office 
of  commissioner  of  schools  must  possess  the  following  quali- 
fications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public 
schools  of  this  state; 

(b)  Must  be  a  graduate  of  the  literary  department  of 
some   reputable   college,   university,   or  state   normal   school 
having  a  course  of  at  least  three  years:     Provided,  That  the 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first 
grade  certificate,  or  of  a  certificate  granted  in  another  state 
and  indorsed  by  the  state  board  of  education  of  this  state, 
shall  be  eligible  in  any  county:     Provided  further,  That  per- 
sons who  now  hold  the  office  of  commissioner  of  schools  shall 
be  eligible  to   succeed  themselves:     Provided  further,   That 
in  counties  employing  less  than  fifty  teachers  a  person  hold- 
ing at  the  time  of  his  or  her  election  a  second  grade  certifi- 
cate shall  be  eligible  in  the  county  where  such  certificate  was 


GENERAL    SCHOOL   lyAWS.  79 

granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

Am.    1909,   Act    222. 

QUALIFICATIONS  OP  COMMISSIONER:  A  high  school  Is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of 
secretary  of  the  board  of  examiners  under  Act  266  of  1887  (amendatory  of 
chap.  12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 
People  v.  Hewlett,  94  /  165.  The  legislative  intent  is  to  keep  up  the  standard 
of  teachers  by  requiring  certain  educational  qualifications  in  the  persons 
whose  duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their 
work. — People  v.  Hewlett,  94  / 169.  In  the  case  of  Attorney  General  v. 
Lewis,  151/81,  it  was  held  that  persons  elected  to  the  office  of  commis- 
sioner, and,  holding  the  same  after  the  amendment  of  1895.  are  eligible,  since 
the  statute  is  still  the  act  of  1891  notwithstanding  its  amendments. 

(175)      §  4811.     SEC.  4.     The  board  of  school  examiners  Examiners 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer  examinations 
themselves  as  teachers  for  the  public  schools,  hold  two  regu-  each  year- 
lar  public  examinations  in  each  year  at  the  county  seat,  which 
examinations  shall  begin  on  the  third  Thursday  of  June  and 
the  second  Thursday  of  August  in  each  year.    From  these  two  May  hold 
examinations  certificates  of  all  grades  may  be  granted.    The  ?nauonxai] 
said  board  of  examiners  may  also,  in  their  discretion,  hold  one 
other   public    examination,   which   shall   begin   on   the   third 
Thursday  of  October  and  at  such  place  as  in  the  judgment  of 
Hie  board  the  best  interests  of  the  teachers  may  require.  From 
this   examination  only  certificates  of  the  second  and  third 
grade  may  be  granted.    It  shall  be  the  duty  of  the  county  com-  Duty  of  com- 
missioner to  make  out  a  schedule  of  the  times  and  places  of  " 
holding  such  examinations  and  to  cause  it  to  be  published 
in  one  or  more  newspapers  of  the  county,  at  least  ten  days  be- 
fore such  examinations. 

Am.   1901,  Act  99;  1903,  Act  95;   1905,  Act  99. 
People   v.    Hewlett,   94/170. 

(170)      §  4812.     SEC.   5.     The  board  of  school  examiners  T^acherjs 
shall  meet  on  the  Saturday  of  the  week  following  each  public  who  to  gram, 
examination  held  according  to  the  provisions  of  section  f our  form-  etc- 
of  this  act  and  shall  grant  certificates  to  teachers  in  such 
form  as  the  superintendent  of  public  instruction  shall  pre- 
scribe, licensing  as  teachers  all  persons  who  have  attained  the 
age  of  eighteen  years,  who  have  attended  such  public  examina- 
tions, and  who  shall  be  found  qualified  in  respect  to  good 
moral  character,  learning  and  ability  to  instruct  and  govern 
a  school,  but  no  certificate  shall  be  granted  to  any  person  who  subjects. 
shall  not  have  passed  a  satisfactory  examination  in  orthog- 
raphy,   reading,    writing,    grammar,    geography,    arithmetic, 
theory  and  art  of  teaching,  United  States  history,  civil  gov- 
ernment, and  physiology  and  hygiene  with  reference  to  the 
effect  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the 
human  system :     Provided,  That  any  commissioner  may,  upon  proviso  when 
the  request  of  any  holder  of  a  second  or  third  grade  certifi-  jSJ^fto 
ca'te,  send  the  papers  written  by  such  person,  properly  certi-  another 
fied  and  under  seal,  to  the  county  board  of  school  examiners 


80 


GENERAL    SCHOOL   LAWS. 


Proviso  as 
to  renewal. 


Further 
proviso, 
where  re- 
newed. 


Questions, 
by  whom 
furnished. 


of  any  other  county  for  their  examination,  and  such  board  of 
school  examiners  may,  in  their  discretion,  receive  such  papers, 
and  if  they  accept  them,  shall  treat  them  in  the  same  manner 
as  if  written  at  a  public  examination  in  their  own  county: 
Provided  further,  That  the  board  of  examiners  shall  have  the 
right  to  renew  without  examination  the  certificates  of  any 
persons  who  shall  have  previously  .attained  an  average  stand- 
ing of  at  least  eighty-five  per  cent  in  all  the  studies  covered 
in  two  or  more  previous  examinations  and  who  shall  havo 
been  since  such  last  named  examination  continuously  and 
successfully  teaching  in  the  public  schools:  Provided  further, 
That  an  indorsed  first  grade  certificate  may  be  renewed  in 
the  county  where  issued,  or  in  the  county  where  the  holder 
may  be  teaching  at  the  time  of  its  expiration.  All  certificates 
shall  be  signed  by  the  county  commissioner  and  by  at  least 
one  of  the  members  of  the  board  of  examiners.  No  person 
shall  be  considered  a  qualified  teacher  within  the  meaning  of 
this  act,  nor  shall  any  school  officer  employ  or  contract  with 
any  person  to  teach  in  any  of  the  public  schools  under  the 
provisions  of  this  act  who  has  not  a  certificate  in  force 
granted  by  the  board  of  school  examiners  or  other  lawful 
authority.  All  examination  questions  shall  be  prepared  and 
furnished  by  the  superintendent  of  public  instruction  to  the 
county  commissioner,  under  seal,  to  be  opened  in  the  presence 
of  the  applicants  for  certificates  on  the  day  of  examination. 

Am.   1901,  Act  99  ;   1905,  Act  148. 
.    People    v.    Hewlett,    94  / 170 ;    O'Leary    v.    Sch.    Dist.,    118  /  469. 


Grades  of 

certificates 

granted. 


First  grade, 
to  whom 
granted. 


Proviso, 
papers,  etc. 
to  whom 
forwarded. 


Further  pro- 
viso as  to 
aggrieved 
applicant. 


Further 
proviso. 


(177)  §  4813.  SEC.  6.  There  shall  be  three  grades  of 
certificates  granted  by  the  board  of  school  examiners,  in  its 
discretion,  and  subject  to  such  rules  and  regulations  as  the 
superintendent  of  public  instruction  may  prescribe,  which 
grades  of  certificates  shall  be  as  follows:  The  certificate  of 
the  first  grade  shall  be  granted  only  to  those  wTho  have 
taught  at  least  one  year  with  ability  and  success,  and  it 
shall  be  valid  throughout  the  state  for  four  years:  Pro- 
vided, That  all  examination  papers  for  first  grade  certifi- 
cates, favorably  passed  upon  by  the  board  of  examiners,  to- 
gether with  such  certificate,  shall  be  forwarded  to  the  super- 
intendent of  public  instruction,  within  ten  days  from  date 
of  examination,  for  inspection:  Provided  further,  That  any 
applicant  for  a  first  grade  certificate  who  feels  that  the 
county  board  of  school  examiners  have  not  given  hig  papers 
the  credit  due  them,  may  order  them  sent  to  the  state  super- 
intendent of  public  instruction  for  inspection;  and  if  the 
standings  given  by  the  state  superintendent  of  public  instruc- 
tion are  sufficient  for  his  indorsement  of  the  certificate,  the 
county  board  of  school  examiners  shall  issue  such  certificate, 
unless  they  shall  give  reasons  satisfactory  to  the  superin- 
tendent of  public  instruction  for  withholding  the  same :  And 
Provided  further,  That  no  first  grade  certificate  shall  be  valid 
in  any  county  other  than  that  in  which  it  is  granted,  unless 


GENERAL    SCHOOL   LAWS.  81 

approved  and  countersigned  by  the  superintendent  of  public, 
instruction  and  a  copy  filed  with  the  county  commissioner  in 
the  county  in  which  the  holder  of  said  certificate  desires 
to  teach.  The  certificate  of  the  second  grade  shall  be  granted 
only  to  those  who  shall  have  taught  at  least  seven  months 
with  ability  and  success,  and  it  shall  be  valid  throughout  the 
county  for  which  it  shall  be  granted  for  three  years,  and 
such  certificate  may  be  transferred  to  another  county  as 
provided  in  section  five  of  this  act.  The  certificates  of  the 
third  grade  shall  be  divided  into  two  classes  known  as  A  and 
I*.  Third  grade  certificates  of  class  A  shall  be  granted  only 
to  persons  who  have  taught  successfully  and  continuously 
for  at  least  three  years  next  preceding  the  examination,  in 
primary  departments  of  graded  schools,  and  the  certificate 
of  this  class  shall  entitle  the  holder  to  teach  in  primary  de- 
partments of  graded  schools  only.  Third  grade  certificates  Third  grade, 
of  class  B  shall  license  the  holder  to  teach  in  any  school  of  c 
the  county  in  which  it  shall  be  granted  for  one  year,  and  such 
certificate  may  be  transferred  to  another  county  in  the  same 
manner  that  second  grade  certificates  are  transferred  as  pro- 
vided in  section  five  of  this  act;  but  no  more  than  three 
certificates  of  this  class  shall  be  granted  to  the  same  person: 
Provided,  That  the  county  commissioner  shall  have  power  proviso. 
upon  personal  examination  in  the  third  grade  branches  satis- 
factory to  himself  or  herself,  to  grant  certificates  which  shall 
license  the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted,  but  such  certificate  shall  not  con- 
tinue in  force  beyond  the  time  of  the  next  public  examina- 
tion, and  in  no  case  shall  a  second  special  certificate  be 
granted  the  same  person  within  three  years. 

Am.    1901,   Act  99;    1905.   Act   148. 

CERTIFICATES:  The  general  policy  of  the  school  law  is  that  schools 
shall  be  taught  by  qualified  teachers,  but  necessities  may  arise  where  this 
cannot,  be  done.  When  such  necessity  arises,  the  district  may  employ  a 
teacher  without  a  certificate,  if  the  board  is  satisfied  of  his  qualifications  and 
pay  him  out  of  any  moneys  except  primary  school  money  and  mill  tax. — 
Hale  v  Risley,  69  /  596.  As  to  the  liability  of  the  district  for  such  services, 
see  Id.  ;  Stockdale  v.  Sch.  Dist.,  47  /  226 ;  Crane  v.  Sch.  Dist,  61  /  299 ; 
Smith  v.  Sch.  Dist.,  69  /  589.  See  Sch.  Dist.  v.  Crook,  47  /  112.  A  certificate 
issued  to  one  who  has  not  taken  an  examination  at  all  and  whose  qualifica- 
tions are  not  ascertained  upon  an  examination,  is  not  such  a  certificate  as 
the  law  provides  for. — People  v.  Howlett,  94  / 170-1.  The  action  of  the 
board  of  examiners  in  refusing  a  certificate  cannot  be  questioned  by  the  re- 
jected applicant  in  a  suit  to  recover  wages  she  would  have  earned  under  her 
contract  but  for  such  adverse  action. — Lee  v.  Sch.  Dist.,  71  /  361.  A  certifi- 
cate, issued  for  three  years,  cannot  be  legally  extended  by  the  secretary,  by 
being  changed  to  read  for  four  years,  after  the  board  of  examiners  who 
issued  it  have  gone  out  of  office. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

SPECIAL  CERTIFICATES:  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
issue  a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  / 
361.  The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the 
commencement  of  a  school  and  the  next  meeting  of  the  examiners  and  such 
a  certificate  has  life  only  until  the  next  regular  examination. — Id.  ;  People 
v.  Howlett,  94  /  170. 

(178)      §  4814.     SEC.   7.     The  board  of  school  examiners  Revocation 
may   suspend   or  revoke  any  teacher's   certificate  issued  by  ° 
them  for  neglect  of  duty,    incompetency,    or  immorality,    or 
for  any  other  reason  which  would  have  justified  said  board 

11 


82 


GENERAL  SCHOOL  LAWS. 


Duty  of  com- 
missioner 
when  charges 
preferred. 


Duty  of 
board  at 
hearing. 


in  withholding  the  same  when  given,  and  said  board  may  sus- 
pend the  effect  of  any  teacher's  certificate  granted  by  the 
county  commissioner  of  schools  which  said  certificate  licenses 
the  holder  thereof  to  teach  in  a  specified  district  for  which  it 
shall  be  granted.  Whenever  written  charges  accusing  any 
teacher  of  neglect  of  duty,  incompetency,  or  immorality 
shall  be  filed  with  the  county  commissioner  of  schools,  said 
commissioner  shall  immediately  notify  said  accused  teacher 
that  charges  have  been  filed  against  him  and  shall  attach  to 
such  notice  a  certified  copy  of  said  charges  together  with  the 
name  or  names  of  the  person  or  persons  filing  the  same,  and 
said  commissioner  may,  and  on  the  written  demand  of  the 
accused  teacher  shall,  within  twenty  days  after  the  tiling  of 
said  charges,  call  a  meeting  of  the  board  of  school  examiners 
of  the  county  and  shall  summon  the  teacher,  against  whom 
charges  have  been  preferred,  and  also  summon  any  witnesses 
who  may  have  knowledge  of  the  facts,  to  appear  before  said 
board  of  examiners  on  the  date  mentioned  in  the  summons. 
Said  summons  shall  have  the  force  of  a  summons  or  sub- 
poena at  law.  On  the  day  set  for  the  meeting  of  the  board  of 
examiners,  said  board  shall  proceed  to  hear  the  case.  The 
chairman  of  said  board  shall  have  authority  to  administer 
an  oath  to  the  several  witnesses  and  examine  them  under 
oath  if  he  deems  it  advisable.  The  board  of  examiners  shall 
proceed  to  examine  the  party  charged  and  the  witnesses  for 
and  against  said  party,  and  if  it  shall  appear  that  the  charges 
made  are  true,  then  the  said  board  shall  have  authority  to 
suspend  or  revoke  the  certificate  of  the  accused:  Provided, 
That  no  certificate  shall  be  suspended  or  revoked  without  a 
personal  hearing,  unless  the  holder  thereof  shall,  after  a 
reasonable  notice,  neglect  or  refuse  to  appear  before  the  said 
board  for  that  purpose:  And  Provided  further,  That  any 
person  summoned  to  appear  before  the  board  of  examiners 
for  the  purposes  mentioned  herein  and  who  shall  fail  to 
appear  before  said  board  on  the  day  specified  in  the  sum- 
mons, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  in  any  court  of  competent  jurisdiction,  shall  be 
fined  a  sum  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
more  than  twenty  days  or  both  such  fine  and  imprisonment 
in  the  discretion  of  the  court.  The  county  commissioner  of 
schools  in  any  county  shall  have  authority  to  temporarily 
suspend  the  force  of  any  teacher's  certificate  when  from  bis 
personal  inspection  of  the  work  of  said  teacher,  or  from  his 
personal  knowledge,  he  is  satisfied  that  such  teacher  has  been 
guilty  of  wilful  neglect  of  duty  or  is  incompetent  to  instruct 
or  govern  the  school,  or  has  been  guilty  of  gross  immorality. 
The  county  commissioner  of  schools  shall,  upon  suspending 
the  force  of  any  teacher's  certificate,  immediately,  and  within 
ten  days  thereafter,  call  a  meeting  of  the  board  of  school 
examiners  and  summon  said  teacher  to  appear  before  said 
board  to  show  cause  why  his  or  her  certificate  should  not  be 


Proviso. 


Proviso  as 
to  non-ap- 
pearance of 
person 
summoned. 


Temporary 
suspension  of 
certificate. 


To  summon 
teacher  be- 
fore board. 


GENERAL  SCHOOL  LAWS.  83 

indefinitely  suspended   or  revoked :     Provided  further,  how-  Proviso, 
ever,  That  it  shall  be  the  duty  of  the  board  of  school  examin-  SeSsion. 
ers  to  file  in  the  office  of  the  county  school  commissioner  its 
decision-  within  ten  days  after  the  close  of  any  hearing  above 
mentioned,  and  it  shall  be  the  duty  of  the  county  school  com- 
missioner within  five  days  after  the  filing  of  said  decision  to 
mail  a  copy  thereof  to  said  teacher :     Provided  further,  how-  Proviso, 
over,  That  any  teacher  who  feels  aggrieved  at  the  decision  of  prSSte*0 
the  county  board  of  school  examiners  may,  within  twenty  court' 
days  after  the  filing  of  such  decision,  take  an  appeal  to  the 
probate  court  of  said  county,  who  is  hereby  authorized  to 
hear  and  determine  said  cause. 

Am.    1907,   Act    127. 

Carver  v.   Sch.   Dist.,   113/524. 

IMMORALITY :  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  persons  teaching  the  school,  is 
privileged  and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  pro- 
fane and  a  Sabbath-breaker. — Wieman  v.  Mabee,  45  /  484. 

(170)     5  4815.     SEC.  8.    It  shall  be  the  duty  of  the  count  v  commission- 

.  •   .  "   er,  duty  of. 

mimissioner: 

First,  Immediately  after  his  or  her  qualification  as  com-  Qualification, 
lissioner,   to  send   notice  thereof  to  the  superintendent  of ni 

iblic  instruction; 

Second,  To  keep  a  record  of  all  examinations  held  by  the  Record  Of 

ard  of  school  examiners  and  to  sign  all  certificates  and  Sons,1  etc. 

icr  papers  and  reports  issued  by  the  board,  and  to  keep 

record  of  all  meetings  of  the  board  of  examiners  and  of  all 
hearings  for  the  suspension  or  revocation  of  any  teacher's 
ooriificate,  and  to  call  meetings  of  the  board  of  examiners 
at  such  other  times  than  those  mentioned  in  section  five  of 
this  act  as  he  may  deem  best; 

Third,  To  receive  the  institute  fees  provided  by  law  and  institute  fees. 
to  pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirtieth  in  each  year; 

Fourth,  To  keep  a  record  of  all  certificates  granted,  sus-  Record  of 
ponded,  revoked  or  transferred  by  the  said  board  or  commis-  certificates. 
si  oner,  showing  to  whom  issued,    together    with    the    date, 
grade,  duration  of  each  certificate,  and,  if  suspended  or  re- 
voked, with  the  date  and  the  reason  therefor; 

Fifth,  To  furnish,  previous  to  the  third  Monday  in  July  List  of 
in  each  year,  to  the  township  clerk  of  each  township  in  the  SkchST 
county,  and  to  each  of  the  officers  of  every  school  district 
in   the   county,   a   list   of   all   persons  legally   authorized  to 
teach  in  the  county  at  large  during  the  preceding  school  year, 
and  in  such  township,  with  the  date  and  term  of  each  certi- 
ficate, and  if  any  have  been  suspended  or  revoked,  the  date  of 
such  suspension  or  revocation; 

Sixth,  To  visit  each  of  the  schools  in  the  county  at  least  TO  visit,  etc., 
once  in  each  year  and  to  examine  carefully  the  discipline, sc 
the  mode  of  instruction,  the  text-books  in  use,  the  apparatus 
belonging  to  the  school,  the  library,  the  progress  and  pro- 
ficiency of  the  pupils,  the  skill  and  efficiency  of  the  teacher, 


84 


GENERAL  SCHOOL  LAWS. 


Proviso, 
assistants. 


Further 
proviso. 


Further 
proviso, 
expense 
limit. 


Counsel   with 
teachers,  etc. 


Improvement 
of  schools,  etc. 


Examine, 
etc.,  annual 
reports. 


the  condition  of  the  school  property,  and  whether  the^at-, 
tendance  at  school  is  in  compliance  with  law,  and  to 
make  a  careful  record  of  these  items  and  report  the  same  to 
the  director  of  each  district :  Provided,  That  in  counties  con- 
taining one  hundred  twenty  or  more  districts,  the  commis- 
sioner of  schools  is  hereby  authorized  to  appoint  such  as- 
sistants as  may  be  necessary,  who  shall  perform  such  duties 
as  said  commissioner  shall  direct :  Provided  further,  That 
in  counties  containing  less  than  one  hundred  forty  districts, 
such  assistants  shall  be  appointed  with  the  consent  of  the 
board  of  supervisors:  Provided  further,  That  the  whole 
expense  incurred  for  such  assistants  shall  not  exceed  the 
sum  of  ninety  dollars  in  any  one  year  in  any  county  having 
less  than  one  hundred  and  twenty  school  districts;  and  in 
counties  having  school  districts  ranging  from  one  hundred 
twenty  to  one  hundred  forty  in  number,  the  whole  expense 
incurred  for  such  assistants  shall  not  exceed  two  hundred 
dollars  in  any  one  year;  in  counties  having  school  districts 
ranging  from  one  hundred  forty  to  one  hundred  sixty  in 
number,  the  whole  expense  incurred  for  such  assistants  shall 
not  exceed  two  hundred  fifty  dollars  in  an»y  one  year;  and 
in  counties  having  school  districts  ranging  from  one  hundred 
sixty  to  two  hundred  in  number  or  more  school  districts,  the 
whole  expense  incurred  for  such  assistants  shall  not  exceed 
three  hundred  dollars  in  any  one  year;  and  in  counties 
having  school  districts  greater  than  two  hundred  in  number, 
the  whole  expense  incurred  for  such  assistants  shall  not  ex- 
ceed four  hundred  dollars  in  any  one  year; 

Seventh,  To  counsel  with  the  teachers  and  school  boards 
as  to  the  course  of  study  to  be  adopted  and  pursued,  and 
as  to  any  improvement  in  the  discipline,  instruction  and 
management  of  the  school,  and  he  may  examine  and  audit 
the  books  and  the  records  of  any  school  district  at  any  time 
when  directed  to  do  so  by  the  superintendent  of  public  in- 
struction or  by  application  of  any  school  board; 

Eighth,  To  promote,  by  such  means  as  he  or  she  may  dfe- 
vise,  the  improvement  of  the  schools  in  the  county,  and  the 
elevation  of  the  character  and  the  qualifications  of  the  teach- 
ers and  officers  thereof,  and  act  as  assistant  conductor  of 
institutes  appointed  by  the  superintendent  of  public  instruc- 
tion, and  perform  such  other  duties  pertaining  thereto  as 
sai'd  superintendent  shall  require; 

Ninth,  To  receive  the  duplicate  annual  reports  of  the  sev- 
eral boards  of  school  inspectors,  examine  into  the  correct- 
ness of  the  same,  requiring  them  to  be  amended  when  nec- 
essary, endorse  his  or  her  approval  upon  them,  and  imme- 
diately thereafter,  and  before  the  fifteenth  day  of  Septem- 
ber in  each  year,  transmit  -to  the  superintendent  ot  public 
instruction  one  copy  of  each  of  said  reports  and  file  the  other 
in  the  office  of  the  county  clerk; 


GENERAL  SCHOOL  LAWS.  85 

Tenth,  To  be  subject  to  such  instructions  and  rules  as  the  Subject  to 
superintendent   of   public   instruction   may   prescribe,   to   re-  [tons"  etc. 
ceive  all   blanks  and  communications  that  may  be  sent  to 
him  or  her  by  the  superintendent  of  public  instruction,  and 
to  dispose  of  the  same  as  directed  by  the  said  superintend- 
ent, and  to  make  annual  reports  at  \he  close  of  the  school 
year  to  the  superintendent  of  public  instruction  of  his  or 
her  official  labors,  and  of  the  schools  of  the  county,  together 
with  such  other  information  as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required  other  duties. 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office 
to   deliver  all   records,   books,   and  papers  belonging  to  the 
office  to  his  or  her  successor. 

Am.  3901,  Act  99;  1905,  Act  148;  1907,  Act  127;  1909,  Act  264. 

(180)     §  4817.     SEC.  10.    The  compensation  of  each  countv  County  com- 

.'.  „         ,        ,         i     -i  -i     -i         i    ,  .        i    -,         ,-,        ,          ''-,  missioner  of 

commissioner  of  schools  shall   be  determined  by  the  board  schools,  com- 
of  supervisors  of  each  county 'respectively,  and  may  be  in-  Pensatlon  of- 
creased  or  diminished  at  any  October  session  of  said  board, 
but  the  compensation  shall  not  be  fixed  at  a  sum  less  than  five 
hundred  dollars  per'  annum  in  any  county  where  there  are 
fifty  schoolrooms  under  his  or  her  supervision;  at  not  less 
than  one  thousand  dollars  per  annum  where  there  are  one 
hundred    schoolrooms   under   his   supervision;    and    not   less 
than  twelve  hundred   dollars  where  there  are  one  hundred 
twenty-five  schoolrooms  under  his  supervision;  not  less  than 
fifteen   hundred   dollars   where  there  are   one  hundred  and 
seventy-five   schoolrooms   under  his   supervision;   and   in   no 
case   shall    such   compensation   exceed   the   sum   of  eighteen 
hundred  dollars  per  annum:     Provided,  That  in  estimating  Proviso, 
the  number  of  schoolrooms  in  any  county  all  graded  schools  included. 
operating  under  a  general  charter  shall  be  included.     Each  School  ex- 
member  of  the   board  of  school  examiners,   other  than  flie  5iemeof .'  P( 
county  commissioner,  shall  receive  four  dollars  for  each  day 
actually  employed  in  the  duties  of  his  office.    The  compensa-  Assistants. 
tion   of  any  assistant,  when  appointed  as  provided  in  this 
act,  shall  be  determined  by  the  county  commissioner,  but  in 
no  case  shall  it  exceed  three  dollars  for  each  day  employed. 
The  compensation  of  members  of  the  county  board  of  school 
examiners  and  of  any  assistant  shall  be  paid  quarterly  from 
the  county  treasury,  upon  such  examiner  or  assistant  filing 
with  the  county   clerk   a   certified  statement  of  his  or  her 
account,  which  shall  give  in  separate  items  the  nature  and 
amount  of  the  service  for  each  day  for  which  compensation 
is  claimed.     The  compensation  of  the  county  commissioner 
shall  be  paid  quarterly  from  the  county  treasury :  Provided, 
That  in  no  case  shall  the  county  commissioner  receive  any  to  be  filed. 
order  for  compensation  from  the  county  clerk  until  he  has 
filed  a  certified  statement  from  the  superintendent  of  public 
instruction    that    all    reports    required    of   the   county    com- 
missioner have  been  properly  made  and  filed  with  said  su- 


86 


GENERAL  SCHOOL  LAWS. 


Further 
proviso. 


Contingent 
expenses. 


Traveling 
expenses. 


perintendent  :  Provided  further,  That  no  county  commis- 
sioner shall  receive  an  order  for  compensation  until  he  shall 
have  filed  with  the  county  clerk  a  detailed  statement  under 
oath  showing  what  schools  have  been  visited  by  him  during 
the  preceding  quarter  and  what  amount  of  time  was  em- 
ployed in  each  school,  naming  the  township  and  school  dis- 
trict. The  necessary  contingent  expenses  of  the  commis- 
sioner for  printing,  postage,  stationery,  record  books,  tele- 
phone rental,  rent  of  rooms  for  public  examination  and  grad- 
ing registers  shall  be  audited  and  allowed  by  the  board  of 
supervisors  of  the  county.  The  necessary  traveling  expenses 
of  ,the  county  commissioner  of  schools,  incurred  while  per- 
forming the  duties  required  by  this  act,  may  be  audited  and 
allowed  by  a  two-thirds  vote  of  the  board  of  supervisors,  but 
no  traveling  expenses  shall  be  allowed  any  school  examiner 
or  assistant  appointed  by  the  county  commissioner  of  schools. 

Am.  1905,  Act  148;  1909,   Act  247. 

Sec.  9  repealed  by  Act  222,  1909.     • 

ASSISTANT  VISITOR  :  Mandamus  to  compel  the  payment  of  an  assistant 
visitor  of  schools  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation  as  required.  —  Hicks 
v.  Wayne  Co.  Auditors,  97/611. 

(181)  §  4818.     SEC.  11.     No  superintendent  of  public  in 
struction,  instructor  at  institute,  county  commissioner  or  ex- 
aminer, shall  act  as  agent  for  the  sale  of  any  school  furni- 
ture, text-books,  maps,  charts  or  other  school   apparatus. 

(182)  §  4819.     SEC.  12.     Whenever  by  death,  resignation 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
and  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
a  date  to  be  named  in  said  notice,  not  more  than  ten  days 
from  the  date  of  such  notice,  and  said  board  shall  appoint  a 
person  who  is  qualified  according  to  statute  to  fill  the  va- 
cancy for  the  unexpired  portion  of  the  term  of  office. 

Am.    1909,   Act   222. 

Licensing  and  (183)  §  4820.  SEC.  13.  The  officers  of  every  school  dis- 
trict>  except  as  hereinafter  provided,  which  is,  or  shall  here- 
after be,  organized  in  whole  or  in  part  in  any  city  or  village 
in  this  state,  which  is  incorporated  under  the  general  laws 
or  by  special  enactment,  in  which  enactment  special  provi- 
sions exist  in  regard  to  licensing  teachers,  shall  employ  only 
such  teachers  as  are  legally  qualified  under  the  preceding  sec- 
s  to  tions  of  this  act  :  Provided,  That  in  incorporated  cities  em- 
P^ng  a  principal  of  the  high  school  and  also  a  superin- 
tendent  of  schools  who  gives  not  less  than  one-half  of  his  time 
to  school  supervision,  the  superintendent  of  schools  and  the 
board  of  education,  or  a  committee  thereof,  shall  be  empow- 
ered to  examine  their  teachers  and  grant  certificates  to  such 
as  are  not  already  legally  qualified,  at  such  times  and  in  such 
form  as  the  superintendent  of  public  instruction  shall  pre- 


Who  shall  not 
act  as  agent. 


Vacancy, 
how  filled. 


nd 


GENERAL  SCHOOL  LAWS.  87 

scribe :     And  Provided  further,  That  cities  having  a  special  proviso  as  to 
and  thoroughly  equipped  normal  training  department,  under 
control  of  a  special  training  teacher,  such  school  having  a  ment- 
course  of  not  less  than  one  year,  shall  be  exempt  from  the 
provisions  of  this  section  as  to  the  examination  of  teachers. 
Any  board  of  education  that  shall  violate  the  provisions  of  when  primary 
this  act  by  employing  a  teacher  who  is  not  legally  qualified, 
shall  forfeit  such  a  proportion  of  the  primary  school  interest  forfeited. 
fund  as  the  number  of  unqualified  teachers  employed  bear  to 
the  whole  number  of  teachers  employed  in  the  district.     All 
school     districts     organized    by    special     enactments    shall, 
through  their  proper  officers,  make  such  reports  as  the  su- 
perintendent of  public  instruction  may  require. 

Am.    1901,   Act   99. 

Section  14  repeals  "all   acts  or  parts  of  acts  conflicting  with  the  provisions 
of  this  act."     As  to  one  effect  of  this  repeal,   see  Perrizo  v.   Kesler,  93  /  284. 


EXAMINATION  FOR  ADMISSION  TO  AGRICULTURAL  COLLEGE. 

An  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  agricultural  college  by  county  commissioners  of  schools. 

[Act    101,   1895.1 

The  People  of  the  State  of  Michigan  enact: 

(184)  §  4821.     SECTION  1.     That  it  shall  be  the  duty  of 
the  state  superintendent  of  public  instruction  to  secure,  at 
least  twice  each  year,  from  the  president  of  the  Michigan  in 
agricultural   college,   a   set  of  examination   questions  in   all 
the  studies  required  for  admission  to  said  college.     It  shall 
also  be  the  duty  of  the  state  superintendent  of  public  in- 
struction to  send  a  printed  list  of  said  examination  questions 
to  each   county  commissioner  of  schools. 

(185)  §  4822.     SEC.  2.    It  shall  be  the  duty  of  each  coun- 
ty  commissioner  of  schools  to  give  public  notice  of  this  ex- 
animation  at  the  time  of  all  regular  teachers'  examinations, 
and  to  submit  the  questions  aforesaid  to  any  candidate  who 

may  desire  to  enter  the  agricultural  college.  The  examina-  Examina- 
tion shall  be  conducted  in  the  same  manner  as  are  the  regular 
teachers'  examinations  of  the  county.  The  work  of  each  and 
every  candidate,  together  with  the  name  and  address,  shall 
be  forwarded  by  the  commissioner,  within  five  days  from  the 
date  of  the  examination,  to  the  president  of  the  college,  who 
shall  examine  and  grade  the  answers  and  report  to  the  can- 
didate within  five  days  of  the  receipt  of  the  paper  the  result 
of  the  examination.  A  standing  of  seventy  per  cent  in  each 
branch  will  admit  to  freshman  class  of  the 'college  without 
further  examination. 


88 


GENERAL  SCHOOL  LAWS. 


Meeting  of 
school    officers 
of  county. 


Call,  what 
to  include. 


Who  shall 
attend. 


Per  diem  and 


Certificate  of 
attendance. 


Superintend- 
ent of  public 
instruction, 
duty  of. 


MEETING  OF  SCHOOL  OFFICERS  OF  COUNTY. 

An    Act   to   authorize   the   county   commissioner   of   schools    in    each 
county  to  call  a  meeting  of  the  school  officers  of  the  county. 

[Act   112,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(186)  SECTION  1.     Each  county  commissioner  of  schools 
in  the  state  of  Michigan  shall  call  a  meeting  of  the  school 
officers  of  his  county  at  least  once  in  each  year,  said  meeting 
to  be  held  at  the  county  seat  or  some  other  convenient  place 
in  the  county  for  the  purpose  of  consultation,  advice  and  in- 
struction upon  matters  pertaining  to  the  management  and 
welfare  of  the  public  schools  of  the  county.    The  call  for  said 
meeting  shall  include  every  board  of  education  in  the  county, 
whether  rural  or  city. 

(187)  SEC.  2.     The  director  or  secretary  of  each  school 
board  or  board  of  education  shall  attend  such  meeting  and 
the  other  members  of  each  board  of  education  may  attend. 
One  member  of  the  school  board  or  board  of  education  who 
attends  such  meeting  shall  be  allowed  and  paid  two  dollars 
per  day  and  actual  traveling  expenses  going  to  and  returning 
from  said  meeting,  said  sum  to  be  paid  from  the  general  fund 
in  the  treasury  of  the  school  district.     The  county  commis- 
sioner of  schools  shall  issue  to  each  member  in  attendance  a 
certificate  of  attendance  which  shall  be  filed  with  the  director 
or  secretary  of  the  board,  and  when  filed  shall  serve  as  a 
basis  of  evidence  for  drawing  the  order  for  compensation  and 
expenses  of  one  member  of  the  board. 

(188)  SEC.  3.    It  shall  be  the  duty  of  the  superintendent 
of  public  instruction  to  assist  the  county  commissioner  of 
schools  in  conducting  said  meeting  of  school  officers,  and  he 
shall  attend  said  meeting  either  in  person  or  by  representa- 
tive. 


TOWNSHIP  SCHOOL  DISTRICTS. 

An  Act  to  provide  for  the  organization  of  township  school  districts 
in  the  state  of  Michigan. 


Single  school 
district. 


[Act   117,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(189)  SECTION  1.  Whenever  a  majority  of  the  qualified 
electors  of  any  organized  township  residing  outside  of  any 
graded  school  district  votes  in  favor  of  organizing  said  town- 
ship into  a  single  school  district,  such  township  shall,  after 


GENERAL  SCHOOL  LAWS.  89 

the  second  Monday  iii  July  thereafter,  be  a  single  school  dis- 
trict and  shall  be  governed  by  the  provisions  of  this  act.  The  Petition  for 
question  of  changing  any  organized  township  into  a  single su 
school  district  to  be  governed  by  the  provisions  of  this  act, 
shall  not  be  submitted  to  the  qualified  electors  of  said  town- 
ship until  a  petition  therefor,  signed  by  one-third  of  the  quali- 
fied electors  of  such  township,  requesting  the  submission  of 
such  proposition  shall  be  filed  in  the  office  of  the  township 
clerk.     Upon  the  receipt  and  filing  of  such  petition,  it  shall  J^dlSd 
be  the  duty  of  the  township  clerk  to  call  a  meeting  of  the  clerk,  duty  of. 
township  board  and  it  shall  be  the  duty  of  the  township 
board  of  such  township  to  attend  such  meeting,  which  shall 
be  held  not  more  than  five  days  after  the  filing  of  such  peti- 
tion.   It  shall  be  the  duty  of  the  said  township  board  at  such 
meeting  to  consider  the  said  petition  with  the  names  appear- 
ing thereon,  and  if  it  be  found  and  determined  that  one-third 
of  the  qualified  electors  of  said   township  have  signed  the 
said  petition  requesting  that  the  said  township  of  which  they 
are  residents  be  organized  as  a  single  school  district  under 
the  provisions  of  this  act,  it  shall  be  the  duty  of  the  town- 
ship board  to  call  an  election  at  which  the  question  of  the 
organization  of  the  said  township  into  a  single  school  district 
shall   be  submitted  to   the  qualified  electors  of  such  town- 
ship.    Such  election  shall  be  called  by  the  township  board  Election, 
within  thirty  days  after  the  meeting  of  the  township  board  j£Sd,  etc. 
at  which  it  is  determined  that  the  petition  herein  provided 
for  is  sufficient:     Provided,  however,  That  if  any -such  peti- Proviso, 
tion  is  determined  to  be  sufficient  not  more  than  four  months 
and  not  less  than  twenty  days  prior  to  the  annual  township 
election,  such  question  shall  be  submitted  at  the  annual  town- 
ship election.     Notice  of  such  election,  whether  it  be  of  a  Notice. 
special  or  the  annual  election,  shall  be  given  by  the  town- 
ship board  by  posting  notices  thereof  in  at  least  five  public 
places  in  the  township  and  at  least  one  notice  in  each  or- 
ganized school  district  in  the  township,  which  notice  shall 
state  that  at  such  election,  giving  the  date,  the  question  of 
the  organization   of  the  township  into  a  single  school   dis- 
trict   shall    be    submitted    to   the    qualified    electors    of   the 
township.     The  ballots  upon   which   such  question  shall  be  Ballots, 
submitted  shall  be  in  the  following  form: 

"Shall township    be    organ- 
Name  of  township, 
ized  into  a  single  school  district?"    •(  )     "Yes." 

"Shall township    be    organ- 
Name  of  township, 
ized  into  a  single  school  district?"   (  )     "No." 

Each  ballot  which  has  a  cross  marked  in  the  square  to  the 
left  of  the  word  "Yes"  on  any  such  ballot  shall  be  counted 
in  favor  of  the  organization  of  such  township  into  a  single 
school  district,  and  each  ballot  which  has  a  cross  marked  in 

12 


90 


GENERAL  SCHOOL  LAWS. 


Election, 
how  con- 
ducted, etc. 


Trustees, 
election  of. 


Notice. 


Conduct  of 
election. 


Proviso, 

fractional 

districts. 


Certified 
copy  of 
petition, 
where  filed. 


Custodian  of 
property. 


Proviso, 
meeting  of 
officers, 
proceedings. 


the  square  to  the  left  of  the  word  "No"  shall  be  counted 
against  the  organization  of  such  township  into  a  single  school 
district.    Any  such  election  shall  be  conducted  by  the  town- 
ship board  of  election  inspectors  in  the  same  manner  in  all 
respects  and  the  ballots  shall   be  taken,   counted  and  can- 
vassed in  the  same  manner  that  is  now  provided  for  the 
counting  of  ballots  under  the  general  election   law.     If  a 
majority  of  the  electors  of  such  township  voting  at  such  elec- 
tion vote  in  favor  of  the  proposition,  such  township  shall, 
after  the  second  Monday  of  July  subsequent  to  such  election, 
be  considered  a  single  school  district  and  shall  be  governed 
by  the  provisions  of  this  act.     Whenever  a  majority  of  the 
qualified  electors  of  any  township  vote  in  favor  of  the  organi- 
zation of  any  township  into  a  single  school  district,  it  shall 
be  the  duty  of  the  township  board  to  call  a  township  election 
for  the  second  Monday  of  July,  at  which  election  the  trustees 
for  the  township  school  district  shall  be  elected  by  the  quali- 
fied electors  of  such  township.  Notice  of  such  election  shall  be 
given  by  the  township  board  by  posting  notices  thereof  in  at 
least  five  public  places  in  the  township  and  at  least  one  notice 
in  each  organized  school  district  that  on  the  second  Monday 
of  July  following  trustees  for  the  township  school  district 
shall  be  elected,  and  it  shall  be  the  duty  of  the  township 
board  of  election  inspectors  of  such  township  to  conduct  such 
first  election  and  perform  such  duties  in  connection  therewith 
as  may  be  necessary  to  carry  out  the  provisions  of  this  act: 
Provided,  That  if  in  such  township,  or  as  a  part  of  such  town- 
ship, there  are  fractional  school  districts  already  organized, 
the  schoolhouse  of  which  is  within  the  boundaries  of  the 
township,  such  fractional  districts  shall  be  considered  a  part 
of  the  township  for  school  purposes,  and  qualified  electors 
residing  anywhere  in  such  fractional  school  districts  shall  be 
qualified  to  sign  the  petition  for  or  vote  upon  the  question  of 
the   organization   of   the   township   district.     The   township 
board  shall  make  and  file,  both  with  the  county  clerk  and 
with  the  county  commissioner  of  schools  of  the  county  in 
which  such  township  is  located,  a  certified  copy  of  the  above 
mentioned  petition  together  with  its  findings  and   decision 
thereon,  and  when  the  trustees  or  district  officers  shall  have 
been  duly  elected  and  shall  have  filed  a  written  acceptance 
of  office  with  the  township  clerk  of  such  township  and  shall 
have  complied  with  the  general  provisions  of  this  act  pertain- 
ing to  the  election  and  acceptance  of  school  officers,  the  said 
board  of  education  shall  immediately  become  the  custodian 
of  all  the  property  pertaining  to  the  public  schools  of  the 
township  and  shall  have  all  the  powers  and  privileges  con- 
ferred upon  school  officers  by  the  general  laws  of  this  state, 
and  said  general  laws  shall  apply  and  be  in  force  in  such  dis- 
trict in  all  particulars  not  otherwise  provided  for  in  this  act : 
Provided,   That  immediately   upon   the  organization   of  the 
board  of  education  herein  provided  for  said  board  shall  call  a 
meeting  of  the  officers  of  the  school  districts  of  the  township 


GENERAL  SCHOOL  LAWS.  91 

as  heretofore  existing,  if  any,  and  at  such  meeting  there  shall 
be  an  accounting  of  the  property,  records  and  funds  of  such 
districts  and  a  settlement  of  the  same,  and  the  officers  of  the 
several  school  districts  of  the  township  as  heretofore  existing 
shall  immediately  thereafter  turn  over  to  the  said  board  of 
education  all  the  books,  records,  money,  property  and  other 
matter  or  material  in  their  possession  and  belonging  to  the 
public  schools  of  their  respective  districts  to  the  township 
board  of  education,  and  said  board  shall  give  to  such  officers 
proper  receipts,  and  the  secretary  of  said  board  of  educa- 
tion shall  place  a  full  statement  of  such  several  settlements 
in  the  records  of  the  board  of  education  for  said  township. 

(190)     SEC.  2.    All  cities  organized  as  school  districts  and  Exemptions, 
all  graded  school  districts  shall  be  exempt  from  the  provi- 
sions of  this  act.     Their  boundaries  shall  remain  the  same 
and  they  shall  continue  to  administer  the  public  schools  of 
such  city  or  graded  district  in  the  same  manner  as  hereto- 
fore provided  by  statute:    Provided,  That  if  any  such  city  or  proviso,  in 
graded  school  district  shall  desire  to  give  up  its  own  organi-  jjJ2jedty  °r 
zation  as  a  school  district  and  become  a  part  of  the  township  district  be- 
district,  and  such  district  and  the  other  district  or  districts  township 
of  the  township  shall  respectively  so  express  themselves  by  dlstnct- 
ballot  by  a  majority  vote  of  the  legal  voters  of  each  district 
at  an  annual  or  special  meeting  of  such  districts,  the  super- 
intendent of  public  instruction  shall  have  authority  to  de- 
clare the  organization  of  such  city  or  graded  school  district 
for  school  purposes  dissolved,  and  he  shall  make  such  dec- 
laration in  writing  and  serve  the  same  upon  the  officers  of 
the  township  district  and  upon  the  officers  of  such  city  or 
graded  district,  and  such  officers  shall  immediately  turn  over 
to  the  board  of  education  of  such  township  all  the  buildings, 
property,  appurtenances,  money  and  material  heretofore  be- 
longing to  such  city  or  graded  district  to  the  board  of  educa- 
tion  of  the  township  district,   and   thereafter  such   city  or 
graded  district  shall  be  a  part  of  the  township  district  and 
controlled  by  the  township  board  of  education  as  herein  pro- 
vided :     Provided  further,  That  where  fractional  school  dis-  Further 
tricts  have  been  organized  heretofore,  the  organization  of  the  boundaries, 
township  district  for  school  purposes  shall  conform  to  the 
boundaries  of  such  school  districts,  and  that  the  said  frac- 
tional districts  shall  become  a  part  of  the  township  district 
in  which  the  schoolhouse  of  such  district  is  located,  and  that 
in  the  election  of  school  officers  said  boundaries  shall  be  rec- 
ognized by  the  officers  of  the  township :     Provided  further,  F«r^eT 
That  in  any  case  where  a  fractional  district  has  been  organ-  §[?Son  of 
ized  heretofore,  such  territory  may  be  divided  so  that  the  territory.  etc- 
township  school  district  boundary  lines  shall  conform  to  the 
township  boundary  lines,  said  division  being  made  in  their 
discretion  by  the  township  boards  of  the  townships  in  which 
the  territory  may  be  located,  said  boards  meeting  in  joint 
session  for  such  purpose.    When  such  division  has  been  made, 
the  township  boards  at  said  joint  meeting  shall  immediately 


92 


GENERAL  SCHOOL  LAWS. 


Clerk  to 
give  notice. 


Joint 
meeting. 


Board  of 
education, 
term,  quali- 
fications, etc. 


Proviso. 


Election  of 

trustees, 

terms. 


Board  of 

election 

inspectors. 


Township 
clerk, 
duty  of. 


Qualified 
voter,  at 
election. 


proceed  to  make  an  equitable  division  of  the  property  and 
money,  if  any,  belonging  to  such  district  between  the  town- 
ships in  which  such  district  was  located.  The  township  clerk 
of  the  township  in  which  the  schoolhouse  of  such  fractional 
school  district  is  located  shall  give  at  least  ten  days'  notice 
to  the  township  clerk  of  the  other  townships  interested  of 
the  time  and  place  of  such  meeting,  and  each  township  clerk 
upon  receiving  such  notice  shall  notify  each  member  of  the 
township  board  of  his  township  of  the  time  and  place  of  such 
meeting.  The  -joint  meeting  of  the  township  boards  when 
assembled  shall  elect  from  their  number  a  chairman  and  a 
clerk,  and  a  majority  of  the  joint  board  shall  be  necessary  to 
determine  all  questions  submitted.  The  clerk  of  said  joint 
board  shall  provide  each  township  clerk  with  an  exact  record 
of  the  proceedings  of  said  meeting. 

(191)  SEC.  3.  The  officers  of  said  township  district  shall 
consist  of  five  trustees,  elected  at  large,  who  shall  constitute 
the  board  of  education  of  said  district,  and  the  regular  term 
of  office  shall  be  three  years.  Any  qualified  voter  in  the  dis- 
trict whose  name  appears  upon  the  assessment  roll  and  who 
is  the  owner  in  his  own  right  of  the  property  so  assessed 
shall  be  eligible  to  election  or  appointment  to  office  in  such 
district:  Provided,  That  where  a  husband  and  wife  own 
property  jointly,  if  otherwise  qualified,  each  shall  be  eligible 
to  election  or  appointment  to  school  office.  At  the  first  elec- 
tion held  on  the  second  Monday  of  July  under  authority 
of  this  act,  the  qualified  electors  of  the  township  shall  pro- 
ceed to  elect  by  ballot  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  or  terms  of  office  shall 
•expire.  The  term  of  office  intended  for  each  person  shall  be 
designated  on  the  ballot.  At  the  first  election  and  at  all 
succeeding  elections  held  in  said  township  district,  the  town- 
ship board  shall  act  as  a  board  of  election  inspectors  and 
shall  receive  and  canvass  the  votes,  prepare  ballots  and  con- 
duct the  election  in  the  same  manner  as  provided  for  in  town- 
ship elections  held  under  the  general  law.  The  township 
clerk  shall  keep  a  record  of  all  proceedings  of  said  first  meet- 
ing of  the  district  and  file  a  copy  of  the  same  in  his  office 
and  turn  over  a  copy  of 'said  proceedings  to  the  secretary  of 
the  board  of  education  when  said  board  is  organized.  "  In 
the  election  of  trustees,  the  person  or  persons  receiving  the 
highest  number  of  votes  cast  shall  be  declared  elected  and  he 
or  they  shall  hold  office  until  his  or  their  successor  or  suc- 
cessors shall  have  been  duly  elected  and  shall  have  qualified 
as  provided  in  this  act.  In  all  school  elections  every  citizen 
of  the  United  States  of  the  age  of  twenty-one  years,  male  or 
female,  who  owns  property  which  is  assessed  for  school  taxes 
in  the  township  district  or  who  is  the  parent  or  legal  guar- 
dian of  any  child  of  school  age  included  in  the  school  census 


GENERAL  SCHOOL  LAWS.  93 

of  said  district,  and  who  has  resided  in  said  township  dis- 
trict three  months  next  preceding  such  election,  shall  be  a 
qualified  voter.  On  the  question  of  voting  school  taxes,  every  For  taxes, 
citizen  of  the  United  States  of  the  age  of  twenty-one  years, 
male  or  female,  who  owns  property  in  fee,'  by  contract  or 
homestead  right  which  is  assessed  for  school  taxes  in  the 
township  district,  and  who  has  resided  in  the  district  as 
above  stated  shall  be  a  qualified  voter :  Provided,  That  a  Proviso, 
husband  and  wife  who  own  property  jointly  and  which  is 
assessed  for  school  taxes  in  the  school  district  may,  if  other- 
wise qualified,  vote  upon  the  question  of  raising  money. 

(192)  SEC.  4.     The  annual  meeting  of  said  township  dis-  Annual 
trict  shall  occur  on  the  second  Monday  of  July  in  each  year  m 

at  the  usual  place  of  holding  the  township  meeting,  and  the 
school   year  shall   commence  on  that  day.     It  shall  be  the  Notice  by 
duty  of  the  secretary  of  the  board  to  give  notice  of  all  annual se 
meetings  and  of  any  special  meetings  of  said  district  by  post 
ing  a  written  or  printed  notice  thereof  in  at  least  five  con- 
spicuous  places  in   said   township,   and  one  notice  on  each 
school  building,  at  least  five  days  prior  to  said  meeting.    The 
notice  of  any  annual  or  special  meeting  shall  state  the  pur- 
pose of  the  meeting,  the  place,  date  and  hour  of  holding  the 
same.     The  notice  of  the  annual  meeting  shall  specify  that 
during  the  last  two  hours,  or  between  three  and  five  o'clock, 
the  general  business  of  the  district  as  to  voting  taxes  will 
take  place.    In  case  the  president  or  secretary  of  the  board  of 
education  shall  be  absent,  the  voters  present  may  appoint  a 
temporary  president  or  secretary.     At  the  first  school  meet-  Polls, 
ing,  and  at  all  succeeding  annual  meetings  the  polls  shall  £Egg and 
open  at  ten  o'clock  a.  m.  and  be  kept  open  seven  consecu- 
tive hours,  and  the  election  shall  be  conducted  in  a  similar 
manner  to  the  one  in  which  township  officers  are  elected,  and 
at  the  hour  of  closing  the  chairman  of  the  board  of  election 
shall   declare  the  polls   closed,   and   the   board   shall   imme- 
diately proceed  to  canvass  and  announce  the  result  of  the 
vote. 

(193)  SEC.  5.     If  any  person  offering  to  vote  at  a  town-  challenge 
ship  school  district  meeting  shall  be  challenged  as  unqualified  of  voter- 
by  any  legal  voter  in  such  district  or  by  the  presiding  officer, 

the  chairman  presiding  at  such  meeting  shall  declare  to  the 
person  challenged  the  qualifications  of  a  voter;  and  if  such 
person  shall  state  that  he  is  qualified  and  the  challenge  is 
not  withdrawn,  the  chairman  shall  tender  to  him  an  oath,  in 
substance  as  follows:  "You  do  swear  (or  affirm)  that  you  Form  of  (Klth 
are  a  citizen  of  the  United  States,  that  you  have  been  for  the 
last  three  months  an  actual  resident  of  this  school  district, 
or  residing  upon  territory  now  attached  to  this  school  dis- 
trict, and  that  you  own  property  assessed  for  school  taxes 
therein;"  and  every  person  taking  this  oath  shall  be  per- 
mitted to  vote  upon  all  questions  proposed  at  such  meetings, 
or  he  may  take  the  following  oath,  to-wit:  "You  do  swear 


94 


GENERAL  SCHOOL  LAWS. 


False 
swearing. 


Township 
clerk  to 
notify 
persons 
elected,  etc. 


Acceptances, 
where  filed. 


Meeting  of 
hoard,  offi- 
cers, etc. 


Quorum, 

regular 

meeting. 


Special 
meetings. 


(or  affirm)  that  you  are  a  citizen  of  the  United  States,  that 
you  have  been  for  the  last  three  months  an  actual  resident 
of  this  school  district,  or  residing  upon  territory  now  at- 
tached to  this  school  district,  and  that  you  are  the  parent  or 
legal  guardian  of  one  or  more  children  now  included  in  the 
school  census  of  the  district;"  and  he  may  vote  upon  all 
questions  which  do  not  directly  involve  the  raising  of  money 
by  tax.  If  any  person  so  challenged  shall  refuse  to  take  such 
oath  his  vote  shall  be  rejected;  and  any  person  who  shall  wil- 
fully take  a  false  oath  or  make  a  false  affirmation  under  the 
provisions  of  this  section,  shall  be  deemed  guilty  of  perjury. 
When  any  question  is  taken  any  other  way  than  by  ballot, 
a  challenge  immediately  after  the  vote  has  been  taken  shall 
be  deemed  to  be  made  when  offering  the  vote,  and  treated 
in  the  same  manner. 

(194)  SEC.  6.     Within  five  days  after  the  first  election 
under  this  act  the  township  clerk   shall   notify   in   writing 
the  persons  elected  as  trustees  of  their  election,  and  within 
five  days  thereafter  said  trustees  so  elected  shall  file  with  the 
township   clerk   a   written   acceptance   of   the  office,    accom- 
panied by  an  affidavit  properly  acknowledged  that  such  person 
is  a  qualified  voter  on  school  questions,  that  his  name  appears 
on  the  assessment  roll  of  the  township  for  school  taxes,  and 
that  he  is  the  owner  in  his  own  right  of  the  property  in  fee, 
by  contract  or  homestead  right,  so  assessed,  and   such   ac- 
ceptances and  affidavits  shall  be  filed  by  the  township  clerk 
in  his  office.    All  persons  elected  as  trustees  of  the  township 
school  district  after  said  first  election  shall  file  such  written 
acceptances  and  affidavits  with  the  secretary  of  the  board  of 
education  and  they  shall  be  made  a  part  of  the  records  of 
the  district. 

(195)  SEC.  7.     The  members  of  the  board  of  education 
shall  meet  on  the  fourth  Monday  of  July  following  the  first 
election   under  this   act,   and   at   such   meeting   the   trustee 
whose  term  of  office  first  expires  shall  be  temporary  chair- 
man, and  at  this  meeting  the  trustees  shall  elect  from  their 
number  a  president,  a  secretary  and  a  treasurer,  who  shall 
severally  serve  in  such  capacity^  during  his  term  of  office  and 
until  his  successor  shall  have  been  duly  elected  and  qualified. 
Immediately  upon  the  organization  of  the  board  the  secre- 
tary shall  notify  the  county  commissioner  and  the  superin- 
tendent of  public  instruction,  giving  the  name  and  post  office 
address  of  each  officer.     A  majority  of  the  members  of  the 
board  shall  constitute  a  quorum,  and  the  board  shall  hold  a 
regular  meeting  on  the  fourth  Monday  of  each  month  in  the 
year  and  no  notice  of  such  meeting  shall  be  required.     The 
board  may  hold  special  meetings  at  any  time  on  the  call  of 
the  president  and  secretary,  and  of  such  meetings  the  secre- 
tary shall  give  at  least  twenty-four  hours  written  notice  to 
each  member  of  the  board.     All  business  which  the  board  of 
education  is  authorized  to  perform  shall  be  done  at  a  meetin" 


GENERAL  SCHOOL  LAWS.  95 


of  said  board,  and  no  act  shall  be  valid  unless  voted  at  a. 
meeting  of  the  board  by  an  affirmative  vote  of  a  majority 
thereof  and  a  proper  record  made  of  such  vote.  The  minutes 
of  all  school  meetings  and  board  meetings  must  be  signed  by 
the  secretary. 

(196)  SEC.  8.    A  school  district  office  shall  become  vacant  office, 
immediately  upon  any  of  the  following  events:  deemed 

First,  The  death  of  the  incumbent;  vacant. 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting. 

(197)  SEC.  9.    The  board  of  education  shall  have  the  fol-  ,Duties  of 

,.  board. 

lowing  powers  and  duties: 

(a)  To  fill  any  vacancies  that  may  occur  in  the  office  of  mi  vacancies, 
trustee  until   the  next  annual  meeting,   and  the  person  or 

persons  so  appointed  shall  file  his  acceptance  and  affidavit  as 
hereinbefore  provided ; 

(b)  To  purchase  or  lease  in  the  name  of  the  district  such  purchase  and 
site  or  sites  for  school  houses  as  may  be  necessary,  out  of  the  sel1  Pr°Pertv- 
fund  provided  for  that  purpose,  and  make  sale  of  any  site 

or  other  property  of  the  district  when  lawfully  directed  to  do 
so  by  the  qualified  voters :     Provided,  That  the  board  shall  Proviso  as 
not  build  a  stone  or  brick  schoolhouse  upon  any  site  without to 
having  first  obtained  a  title  in  fee  to  the  same  or  a  lease  for 
at  least  ninety-nine  years,  nor  shall  a  frame  schoolhouse  be 
erected  on  any  site  for  which  the  board  has  not  secured  a 
title  in  fee  or  a  lease  for  at  least  fifty  years,  and  in  all  cases 
where  school  sites  are  leased  the  board  shall  reserve  the  privi- 
lege of  removing  the  school  property  from  the  site  on  the 
expiration  of  the  lease; 

(c)  To  estimate  the  amount  of  money  necessary  to  be  Estimates, 
raised  for  buildings,  sites  and  repairs,  and  report  the  same 

to  the  voters  at  the  annual  meeting; 

(d)  To  vote  the  taxes    necessary    in    addition    to    other  vote  taxes 
school  funds  for  teachers'  wages  which  shall  be  accounted  for  J°rtiongeetc. 
under  the  title  of  "teachers'  wages  fund;"    and    if    no    high 

school  be  established  to  vote  such  taxes  as  may  be  necessary 
to  pay  the  tuition  of  any  and  all  children  of  high  school  age 
resident  in  such  township,  to  high  schools  already  estab- 
lished, and  to  vote  such  taxes  as  may  be  necessary  for  the 
regular  running  expenses  of  the  school,  which  shall  include 
school  furnishings  and  all  appendages,  library,  the  care  of 
school  property,  record  books  and  blanks  and  all  apparatus 


96 


GENERAL  SCHOOL  LAWS. 


General 
fund. 


Proviso, 

when  may 
borrow. 


Report  of 
hoard. 


Moneys,  how 
appropriated. 


Sectarian 
school. 


Proviso, 
transfer 
mill  tax. 


Charge  of 
property. 


Course  of 
study. 


Adopt  text 
books. 


Proviso, 
alcohol  and 
narcotics. 


and  material  which  may  be  necessary  in  order  that  the 
schools  may  be  properly  managed  and  maintained,  and  such 
taxes  when  collected  and  received  by  the  treasurer  of  the 
board  shall  be  accounted  for  under  the  title  of  "general 
fund."  All  moneys  received  for  library  purposes  and  for 
buildings,  sites  and  repairs  shall  be  kept  in  separate  accounts 
under  proper  title :  Provided,  That  when  the  district  or  the 
board  has  voted  a  tax  for  any  legal  purpose  and  the  money 
is  needed  before  the  tax  can  be  levied  and  collected  the  board 
may  borrow  on  the  warrant  of  the  district  a  sum  not  to 
exceed  the  amount  of  tax  voted  for  such  purpose; 

(e)  Between  the  second   Monday  of  July   and  the  first 
Monday  of  August  in  each  year,  to  make  out  and  deliver  to 
the  township  clerk  a  report  in  writing,  signed  by  the  presi- 
dent and  secretary,  of  all  taxes  for  school  purposes  voted  by 
the  district  and  by  the  district  board,  to  be  levied  on  the 
taxable  property  of  the  district; 

(f)  To  apply  and  pay  over  all  school  moneys  belonging  to 
the  district  in  accordance  with  the  provisions  of  law  regulat 
ing  the  same,  and  no  money  raised  by  tax  shall  be  used  for 
any  other  purpose  than  that  for  which  it  was  raised  without 
the  consent  of  a  majority  of  the  taxpaying  voters  of  the  dis- 
trict present  at  an  annual  meeting  or  a  special  meeting,  and 
no  moneys  received  from  the  primary  school  interest  fund  nor 
from  the  one  mill  tax  shall  be  appropriated  to  any  other  use 
than  the  payment  of  teacher's  wages,  except  as  hereinafter 
provided,  and  no  money  received  for  teachers'  wages  shall  be 
paid  to  any  person  who  is  not  the  holder  of  a  proper  certifi- 
cate of  qualification  authorizing  him  to  teach  and  granted  to 
said   person  before   the  commencement  of  his  school.     The 
board  shall  not  apply  any  moneys  received  by  it  from  any 
source  for  the  support  and  maintenance  of  any  school  of  a 
sectarian  character,  whether  the  same  be  under  the  control 
of  any  religious  society  or  made    sectarian    by    the    school 
board:    Provided,  Thaf  after  a  district  has  maintained  school 
nine  months  the  board  may  transfer  surplus  mill  tax  to  the 
general  fund; 

(g)  To  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges  and  sanitary  con- 
ditions for  all  schools,  a  suitable  water  supply  and  all  nec- 
essary record  books  and  blanks; 

(h)  To  specify  the  studies  to  be  pursued  in  the  schools  of 
the  district  and  adopt  a  suitable  course  of  study  for,  said 
schools ; 

(i)  To  select  and  adopt  suitable  text  books  for  use  in  the 
schools,  and  the  secretary  shall  make  a  record  of  such  adop 
tion.  Text  books  once  adopted  under  the  provisions  of  this 
act  shall  not  be  changed  within  five  years,  except  by  the  con- 
sent of  a  majority  of  the  qualified  voters  of  the  district  pres- 
ent at  any  annual  or  special  meeting:  Provided,  That  in  the 
adoption  of  text  books  the  board  shall  provide  for  instruc- 


GENERAL  SCHOOL  LAWS.  97 

tion  in  the  subject  of  physiology  and  hygiene  with  special 
reference  to  the  nature  of  alcohol  and  narcotics  and  their 
effects  upon  the  human  system,  and  sanitary  science.  Text 
books  adopted  in  this  subject  shall  give  at  least  one-fourth  of 
their  space  to  the  consideration  of  such  subjects,  and  for  the 
high  schools  such  book  shall  contain  at  least  twenty  pages 
of  such  matter,  and  the  instruction  in  this  subject  shall  be 
given  in  such  manner  and  at  such  times  as  may  be  suited 
to  the  gra'de  of  the  pupils.  The  text  books  used  in  giving 
such  instruction  shall  first  be  approved  by  the  state  board  of 
education.  Each  teacher  or  superintendent  shall  report  to  Jeea^|jer  to 
the  board  of  education  at  the  close  of  each  term  or  year  in  re 
regard  to  the  quantity  and  character  of  such  special  instruc- 
tion in  the  subject  of  alcohol  and  narcotics,  and  the  secretary 
of  the  board  shall  certify  to  the  superintendent  of  public  in- 
struction that  such  instruction  has  been  given; 

(j)     To  have  the  general  care  of  the  schools  of  the  district  Make  rules, 
and  make  and  enforce  suitable  rules  and  regulations  for  the  Eooksas€ 
general  management  of  the  schools  and  for  the  preservation 
of  the  property  of  the  district,  and  to  purchase  at  the  expense 
of  the  district  such  text  books  as  may  be  necessary  for  the  use 
of  children  whose  parents  are  not  able  to  furnish  the  same. 
The  board  may  authorize  or  order  the  suspension  or  expul-  Suspension, 
sion  from  school  of  any  pupil  guilty  of  gross  misdemeanor  or 
persistent  disobedience,  or  one  having  habits  or  bodily  condi- 
tions detrimental  to  the  school,  whenever  in  its  judgment  the 
interests  of  the  school  may  demand  it; 

(k)  The  board  may  admit  to  the  schools  of  the  township  Admission 
any  non-resident  pupils  and  determine  the  rate  of  tuition  of  Steoff  «S?" 
such  pupils  and  collect  the  same.  Children  who  are  being 
cared  for  at  county  expense  shall  be  admitted  to  the  school 
in  the  township  which  is  nearest  the  county  house  or  in  which 
the  county  house  may  be  located,  on  the  same  terms  that  non- 
resident pupils  are  admitted.  When  non-resident  pupils, 
their  parents  or  guardians,  pay  a  school  tax  in  said  district 
such  children  shall  be  admitted  to  the  schools  of  the  district, 
and  the  amount  of  such  school  tax  shall  be  credited  on  their 
tuition  in  a  sum  not  to  exceed  the  amount  of  such  tuition; 

(1)  To  make  rules  relative  to  the  taking  of  census  of  all  School 
children  resident  in  said  township  district  five  years  of  age 
and  under  twenty  years,  and  to  make  all  necessary  reports 
and  transmit  the  same  to  the  proper  officers  as  designated  by 
law  so  that  the  district  may  be  entitled  to  its  proportion  of 
the  primary  school  fund; 

(m)     To  fix  the  length  of  time  school  shall  be  kept  in  all  School  year. 
the  schools  of  the  township,  which  shall  be  the  same  for  all 
schools  and  not  less  than  five  months  in  each  year :     Pro-  proviso. 
vided,   That   all   persons,   residents   of   any   township  school 
district  and  five  years  of  age  shall  have  an  equal  right  to 
attend  any  school  therein,  and  no  separate  school  or  depart- 
ment shall  be  kept  for  any  persons  on  account  of  race  or 

13 


GENERAL  SCHOOL  LAWS. 


Further 
proviso. 


High  school. 


Proviso, 
payment 
of  tuition. 


Further 
proviso. 


Apparatus. 


Employ 
superin- 
tendent, 
qualifica- 
tions, duties. 


Superin- 
tendent, 
duty  as  to 
teachers. 


Classify 
pupils. 
Course  of 
study,  etc. 


Reports. 


Supervision. 


Contract   with 
teachers, 
what  to 
specify,  etc. 


color:  Provided  further,  That  this  shall  not  be  construed 
to  prevent  the  classifying  and  grading  of  the  schools  accord- 
ing to  the  intellectual  progress  of  the  pupils,  such  grades  to 
be  taught  in  such  separate  places  as  may  be  deemed  ex- 
pedient ; 

(n)  To  establish  and  maintain  a  district  library  and  pro- 
vide for  its  care  and  management; 

(o)  To  establish  and  maintain  a  high  school  or  high 
schools  for  the  township  and  determine  the  qualifications  for 
.admission  thereto:  Provided,  If  a  township  high  school  be 
not  maintained  the  board  of  education  shall  pay  out  of  funds 
hereinbefore  provided  for,  the  tuition  of  any  and  all  children 
of  high  school  age  who  desire  to  attend  high  schools  in  the 
same  township  or  in  adjoining  townships :  Provided  further, 
That  if  in  such  township  or  adjoining  townships  there  be  no 
established  high  school,  then  the  tuition  of  such  children 
shall  be  paid  in  such  high  school  as  shall  be  designated  by 
such  township  board  of  education; 

(p)  To  authorize  the  secretary  to  purchase  and  provide 
such  incidental  apparatus  and  material  as  may  be  deemed 
advisable  for  the  schools,  and  to  audit  and  order  the  payment 
of  all  accounts  for  such  expenses  and  material; 

(q)  To  employ  a  superintendent  of  schools  for  the  town- 
ship, when  the  same  is  authorized  by  a  vote  of  the  electors 
thereof,  and  to  employ  such  other  officers  and  servants  as 
may  be  necessary  for  the  management  of  the  schools  and 
school  property,  and  to  prescribe  their  duties  and  fix  their 
compensation.  The  superintendent  of  schools  herein  pro- 
vided for  shall  be  the  holder  of  at  least  a  state  life  certificate 
or  a  normal  school  diploma,  or  he  shall  have  educational 
qualifications  equivalent  thereto  and  shall  be  the  holder  of 
a  diploma  from  a  college  or  university  of  recognized  stand- 
ing, and  he  shall  have  the  following  duties: 

First,  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause,  until  the 
board  of  education  or  a  committee  of  such  board  may  con- 
sider such  suspension; 

Second,  To  classify  and  control  the  promotion  of  pupils; 

Third,  To  recommend  to  the  board  the  best  methods  of 
arranging  the  course  of  study  and  the  proper  text  books  to 
be  used; 

Fourth,  To  make  reports  in  writing  to  the  board  of  educa 
tion  and  to  the  superintendent  of  public  instruction  annually 
or  oftener  if  required; 

Fifth,  To  supervise  and  direct  the  work  of  the  teachers; 

Sixth,  To  assist  the  board  in  all  matters  pertaining  to  the 
general  welfare  of  the  school,  and  to  perform  such  other 
duties  as  the  board  may  determine; 

(r)  To  hire  and  contract  with  such  legally  qualified  teach- 
ers as  may  be  required,  and  all  contracts  shall  be  in  writing 
and  signed  by  a  majority  of  the  board  in  behalf  of  the  dis- 


GENERAL  SCHOOL  LAWS.  99 

trict.  Said  contracts  shall  specify  the  wages  agreed  upon 
and  require  the  teacher  to  keep  a  correct  record  of  all  school 
work,  the  number  of  pupils,  the  classification  and  grading, 
the  aggregate  and  average  attendance  and  the  percentage  of 
attendance,  and  to  furnish  the  secretary  with  a  correct  copy 
of  the  same  at  the  close  of  school.  The  contract  shall  also 
require  the  board  to  provide  all  proper  material  and  keep 
the  school  property  in  proper  and  sanitary  condition.  The 
contract  shall  be  filed  with  the  secretary  and  a  duplicate 
furnished  the  teacher.  A  contract  with  a  person  not  holding  invalid. 
a  legal  certificate  of  qualification  shall  be  invalid  and  all 
contracts  shall  terminate  if  the  certificate  of  the  teacher  shall 
expire  by  limitation  within  its  term,  or  if  the  certificate  be 
suspended  or  revoked  by  proper  authority :  Provided,  That  fe™vio°ar 
in  case  of  illness  of  a  teacher  or  when  a  legally  qualified  teacher. 
teacher  cannot  be  found  by  the  board  or  by  the  commissioner 
of  schools,  a  person  otherwise  qualified  but  not  holding  a 
certificate  may  be  employed  temporarily  as  a  supply,  and 
such  supply  service  shall  be  paid  for  from  the  general  fund. 
A  school  month  within  the  meaning  of  the  school  laws  shall 
consist  of  four  weeks  of  five  days  in  each  week; 

(s)     And  to  do  all  things  needful  and  necessary  for  the  Further 
maintenance,  prosperity  and  success  of  the  schools  of  the  dis- 
trict and   the  promotion   of  the  thorough  education  of  the 
children   thereof. 

(198)  SEC.  10.  It  shall  be  the  duty  of  the  president  of  the 
board: 

First,  To  preside  at  all  meetings  of  the  district  and  of  the  TO  preside. 
board ; 

Second,  To  countersign  all  orders  legally  drawn  by  the 
secretary  upon  the  treasurer  for  moneys  to  be  disbursed  by  01 
the  district,  and  all  warrants  of  the  secretary  upon  the  town- 
ship treasurer  for  moneys  raised  for  district  purposes  or 
apportioned  to  the  district  by  the  township  clerk  or  other 
officer : 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  preserve  order  in  all  meetings  of  the  district,  Meetings, 
and  he  may  arrest  or  order  the  arrest  of  any  person  or  per  of,  etc. 
sons  who  shall  conduct  himself  or  themselves  in  a  disorderly 
manner,  or  who  shall  disturb  such'  meeting  by  rude  or  in- 
decent behavior,  or  by  profane  or  indecent  discourse  or  in 
any  other  way  make  such  disturbance,  and  such  person  shall, 
on  conviction  thereof  in  a  court  of  competent  jurisdiction,  be  Penalty. 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more  than 
fifty  dollars,  or  by  imprisonment  in  the  county  jail  not  ex- 
ceeding thirty  days.     Any  justice  of  the  peace,  recorder  or  Jurisdiction. 
police  justice  of  the  county  where  such  offense  shall  be  com- 
mitted shall  have  jurisdiction  to  try  and  determine  the  same; 


100 


1  GENERAL  SCHOOL  LAWS. 


Complaint 
disturbance. 


Perform 
duties  of 
superin- 
tendent. 


Secretary, 
duties. 


Clerk  of 
board. 

Record  of 
proceedings 


Notice  of 
meetings. 

Proviso. 


Further 
proviso. 


Warrrants, 
orders,  etc. 


Numbering. 


Sign 
contracts. 


Purchase 
apparatus. 


Accounts, 
payment, 
etc. 


for  Fifth,  He  may  make  complaint  before  a  justice  of  the  peace 
against  any  person  who  shall  disturb  any  school  in  the  town- 
ship by  rude  and  indecent  behavior  or  by  profane  and  inde- 
cent discourse  or  in  any  other  way  make  such  disturbance, 
and  such  person  shall  on  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days ; 

Sixth,  To  perform  the  duties  required  of  the  superintend- 
ent, where  such  superintendent  is  not  appointed,  and  such 
other  duties  as  may  be  appropriate  to  his  office  in  the  man- 
agement of  the  schools  as  the  board  shall  determine. 

(199)  SEC.  11.  It  shall  be  the  duty  of  the  secretary  of 
each  board  of  education : 

First,  To  act  as  clerk  at  all  meetings  of  the  district  and 
of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other 
proceedings  of  the  board  in  proper  record  books  and  sign  the 


Third,  To  give  the  prescribed  notice  of  the  annual  meeting 
and  of  any  special  meetings  of  the  district  which  the  board 
may  call :  Provided,  That  the  notice  of  all  annual  and  special 
meetings  shall  be  properly  posted  in  at  least  five  public  places 
in  the  township  and  one  on  each  school  building  not  less  than 
five  days  prior  to  such  meeting:  Provided  further,  That  on 
the  petition  of  at  least  one-tenth  and  not  less  than  twenty-five 
of  the  qualified  voters  of  the  township  district  presented  to 
the  secretary  or  president  for  the  purpose  of  calling  a  special 
school  meeting,  the  secretary  shall  give  the  notice  as  herein- 
before provided; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes  or  appor- 
tioned to  the  district  by  the  township  clerk  or  other  officer 
and  payable  to  the  treasurer  of  the  district,  and  orders  upon 
the  district  treasurer  for  all  moneys  to  be  disbursed  by  the 
district,  and  present  such  warrants  or  orders  to  the  president 
to  be  countersigned  by  that  officer.  Each  warrant  and  order 
shall  be  properly  numbered  and  dated,  and  each  warrant 
shall  specify  the  sources  of  the  funds  called  for,  and  each 
order  the  purpose  for  which  and  the  fund  upon  which  it  is 
drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  super- 
intendents or  other  employes,  when  directed  by  the  district 
board,  and  present  such  contracts  to  the  other  members  of  the 
board  for  further  signature; 

Sixth,  To  purchase  the  necessary  appendages  and  inci- 
dentals for  school  use  as  hereinbefore  provided,  and  to  see  that 
such  apparatus  and  material  is  kept  in  good  repair  at  all 
times ; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred by  him  as  secretary,  such  accounts  to  be  presented  to 


GENERAL  SCHOOL 


i<  101 


and  audited  by  the  board,  and  on  its  written  order  paid  out 
of  the  appropriate  fund; 

Eighth,  At  the  regular  meeting  of  the  board  in  the  month  Estimates, 
of  June,  to  present  an  estimate  of  the  expenses  necessary  tohwhomd 
to  be  incurred  during  the  ensuing  year,  and  an  estimate  of  presented. 
the  amount  of  money  necessary  for  buildings,  sites,  or  repairs, 
and  upon   these  estimates   the  board  shall   act  and  fix  the 
amount  to  be  presented  to  the  people  at  the  annual  meeting; 
and  the  board  shall  vote  the  several  amounts  for  taxes  to  be 
levied  for  teachers'  wages  and  the  general  running  expenses 
of  the  school  as  hereinbefore  provided; 

Ninth,  To  preserve  and  file  copies    of    all    reports    to    the  File  re- 
township  clerk   or  county   clerk   and  the  superintendent  of  ports'  etc< 
public    instruction,    and    to    preserve  and    keep    all    books, 
papers,  records  and  other  documents  belonging  to  the  office 
of  secretary  or  to  the  district  when  not  otherwise  provided 
for,  and  to  deliver  the  same  to  his  successor  in  office; 

Tenth,  The  secretary  shall,  at  the  end  of  the  school  year  Annual  report, 
and  previous  to  the  second  Monday  in    July,    prepare    an  j2SitJtcCOn'; 
annual  report  of  the  school  district,  said  report  to  contain: 

(1)  The  whole  number  of  children  belonging   to    the   dis- 
trict five  years  of  age  and  under    twenty,    according  to  the 
school  census  of  said  district; 

(2)  The  number  attending  school  during  the  year; 

(3)  The  number  of  non-resident  pupils  attending  during 
the  year; 

(4)  The  whole  number  that  have  attended  school  during 
the  year; 

(5)  The  length  of  time  school  has  been  taught,  the  name 
of  each  teacher  and  the  length  of  time  taught  by  each  and 
the  wages  paid  to  each; 

(6)  The  average  attendance  and  the  percentage  of  attend- 
ance of  pupils  during  the  year; 

(7)  The   amount   of  money  received   from   the   township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

(8)  The  amount  of  money  raised  by  the  district  and  the 
purposes  for  which  it  was  raised,  the  amount  of  primary  and 
library  money   and   the    amount    received    from    all    other 
sources  ; 

(9)  The  text  books  used  in  the  school; 

(10)  Such  other  facts  and  statistics  in    regard    to    the  other 
schools  and  the  subject  of  education  as  the  superintendent  statistics- 
of  public  instruction  shall  direct.     Said  report  shall  be  in  Form  of  re- 
such  form  as  said  superintendent  may  prepare  and  direct.  In  £foretcfiling 
all  township  districts  one  copy  of  said  report  shall  be  filed  ° 

with  the  township  clerk  on  or  before  the  first  Monday  of 
August  in  each  year,  and  the  other  two,  together  with  all 
others,  forwarded  immediately  after  the  first  Monday  in 
August  to  the  county  commissioner  of  schools  ; 

(11)  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired by  law  or  by  the  board  of  education. 


102 


GENERAL  SCHOOL  LAWS. 


Treasurer, 
duties. 

To  file  bond, 
sureties. 


Surety 
company. 


Where  filed. 


Proviso, 
increase 
of  bond. 


When  suit 
commenced. 


Custody  of 
moneys. 


Deposits, 
interest,  etc. 


Proviso, 
inspection. 


Pay  orders. 


(200)     SEC.  12.    It  shall  be  the  duty  of  the  treasurer  of  the 
board  of  education: 

First,  Within  ten  days  after  his  election  or  appointment 
to  execute  to  the  district  and  file  with  the  secretary  of  the 
board  a  bond  in  the  full  amount  of  money  to  come  into  his 
hands  during  each  year  as  such  treasurer,  as  near  as  the 
same  can  be  ascertained,  with  two  or  more  sufficient  sureties, 
each  of  whom  shall  justify  under  oath  and  before  a  proper 
officer,  to  the  amount  for  which  he  is  held  in  the  bond,  and 
the  sum  of  such  amounts  shall  be  equal  to  the  full  amount  of 
the  bond ;  or  the  treasurer  may  provide,  at  the  expense  of  the 
district,  a  similar  bond  of  some  surety  company  authorized 
to  do  business  in  this  state,  said  bond  to  be  approved  by  the 
president  and  secretary  of  the  board,  conditioned  for  the 
faithful  performance  of  his  duties  under  this  act  and 
honestly  accounting  for  all  moneys  coming  into  his  hands  be- 
longing to  said  district  according  to  the  general  accounting 
laws  of  the  state.  Said  bond  when  approved  shall  be  filed 
with  the  secretary  of  the  board,  and  none  of  the  books,  money 
or  property  of  the  district  shall  be  placed  in  the  hands  of  the 
treasurer  until  such  bond  has  been  so  filed  and  approved: 
Provided,  That  if  for  any  unforeseen  reason  a  larger  sum  of 
money  should  become  due  the  district  than  the  bond  would 
cover,  the  treasurer  shall  increase  the  bond  to  the  proper 
amount  before  such  money  comes  into  his  hands.  In  case  of 
any  breach  of  the  conditions  of  said  bond  the  president  shall 
cause  suit  to  be  commenced  thereon  in  the  name  of  the  dis- 
trict, and  any  moneys  collected  thereon  shall  be  paid  into  the 
township  treasury,  subject  to  the  order  of  the  district,  and 
such  moneys  shall  be  applied  to  the  same  purposes  as  the 
money  lost  should  have  been  applied  by  the  treasurer; 

Second,  The  treasurer  shall  have  the  care  and  custody  of 
all  the  moneys  of  the  district  coming  into  his  hands,  and  he 
shall  not  loan  the  same,  nor  use  the  same  for  his  own  pur- 
poses, nor  permit  other  private  individuals  or  corporations  to 
use  the  same  except  as  provided  by  law,  nor  shall  he  mix  such 
money  with  his  own  money,  but  he  shall  keep  it  separate  and 
apart  from  all  other  funds; 

Third,  He  may,  with  the  consent  of  the  board *of  education, 
deposit  school  moneys  with  any  bank  or  banking  corporation 
or  trust  company  for  safe-keeping,  and  require  such  bank  or 
company  to  pay  interest  thereon.  Such  deposit  shall  be  made 
in  his  name  as  treasurer  of  the  district,  and  such  interest 
shall  be  accounted  for  to  the  district  and  become  a  part  of 
the  general  fund  of  said  district:  Provided,  That  any  deposit 
of  such  funds  shall  not  be  privileged,  but  shall  be  open  to  in- 
spection of  any  trustee  of  the  district  or  any  person  author- 
ized to  audit  school  accounts; 

Fourth,  To  pay  all  orders  of  the  secretary  when  lawfully 
drawn  and  countersigned  by  the  president,  out  of  any  moneys 
m  his  hands  belonging  to  the  fund*  upon  which  such  orders 
may  be  drawn ; 


GENERAL  SCHOOL  LAWS.  103 

Fifth,  To  keep  a  book  in  which  all  moneys  received  and  Keep  hook  of 
disbursed  shall  be  entered,  the  sources  from  which  the  same  a< 
have  been  received,  and  the  person  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Sixth,  To  present  to  the  district  board  and  to  the  district  Annual 
at  the  close  of  the  school  year  a  report  in  writing  containing  reP°rts- 
a  statement  of  all  moneys  received  during  the  preceding  year 
and   of   each   item   of   disbursement   made,    and   exhibit   the 
vouchers  therefor,  and  said  vouchers  shall  be  filed  in  his  office 
permanently ; 

Seventh,  To  appear  for  and  on  behalf  of  the  district  in  alt  £ip?g5££for 
suits  brought  by  or  against  the  same,  when  no  other  directions  in  suits. 
shall  be  given  by  the  qualified  voters  in  a  district  meeting, 
except  in  suits  in  which  he  is  interested  adversely  to  the  dis- 
trict, and  in  all  such  cases  the  president  shall  appear  for  the 
district ; 

Eighth,  At  the  close  of  his  term  of  office  to  settle  with  the  Deliver 
district  board  and  to  deliver  to  his  successor  in   office  all  books- etc- 
books,  vouchers,  orders,  documents  and  papers  belonging  to 
the  office  of  treasurer,  together  with  all  district  moneys  re- 
maining on  hand; 

Ninth,  To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties. 
quired  by  law  of  the  treasurer. 

(201)  SEC.  13.  At  each  annual  school  meeting  held  in  Tax  estimate. 
said  township  district  the  board  of  education  shall  present 
its  estimate  of  the  amount  of  money  needed  to  be  raised  by 
tax  during  the  ensuing  year  for  buildings,  sites  and  repairs, 
and  an  estimate  of  the  amount  for  which  bonds  shall  be 
issued  if  needed.  This  estimate  shall  be  presented  by  the 
board  and  considered  by  the  qualified  voters  during  the  last 
two  hours  of  the  time  during  which  the  polls  for  the  election 
of  trustees  are  to  be  open,  or  between  the  hours  of  three  and 
five  o'clock  p.  m.  The  qualified  voters  on  the  question  of  vot-  Electors  to 

,  i  , .  i     11     ->    ,  •          ,  i  ,  determine 

mg  taxes  present  at  that  time  shall  determine  the  amount  amount. 
of  money  to  be  raised  by  tax  for  these  purposes,  and  they  may 
direct  that  the  vote  shall  be  taken  by  ballot  or  in  any  other 
way   which    shall   be   deemed   best.     The   people   shall   have  increase  or 
authority  to  increase  or  decrease  the  amount  of  the  estimate  d< 
submitted  by  the  board  and  when  such  amounts  have  been 
voted  by  a  majority  of  the  qualified  voters  present  the  secre- 
tary of  the  board  of  education  shall,  on  or  before  the  first 
Monday  of  August,  certify  to  the  township  clerk  of  the  town- 
ship the  amount  of  such  taxes,  together  with  the  amount  of 
all  taxes  which  the  board  of  education  is  authorized  to  im- 
pose, and  said  township  clerk  shall  report  the  same  to  the  **eP°rt. to 
supervisor  of  the  township,  and  if  the  township  district  is  a  dutyrof?°r' 
fractional  district  said  clerk  shall  report  such  taxes  to  the 
clerks  of  other  townships  in  which  said  district  may  be  in 
part  situated,  and  such  clerks  shall  report  the  amounts  to 
their  respective  supervisors  who  shall  spread  the  same  upon 
the  regular  tax  roll  of  such  township  or  townships  in  the 


104 


Proviso. 


Further 

proviso, 

special 

meeting, 

bonding. 


Form  of 
ballot. 


GENERAL  SCHOOL  LAWS. 


Issuance 
and  sale. 


Proviso, 
tax. 


Taxes  in 
separate 
column. 


When  town- 
ship treas- 
urer to  pay 
over  moneys. 


To  collect 
from  other 
treasurers. 


Statement, 
board  to 
make,  con- 
tents, etc. 


manner  provided  for  by  statute,  and  the  same  shall  be  levied, 
collected  and  returned  in  the  same  manner  as  all  township 
taxes:  Provided,  That  if  the  qualified  voters  present  as 
aforesaid  do  not  or  cannot  determine  the  amount  of  money 
to  be  raised  by  tax  for  the  purposes  specified,  the  board  of 
education  shall  determine  the  same:  Provided  further,  That 
special  meetings  of  the  district  may  be  called  to  vote  on  the 
question  of  bonding  the  district  for  any  of  the  purposes  men- 
tioned. Such  vote  shall  be  by  ballot  and  a  majority  of  the 
votes  cast  shall  be  necessary  to  carry  the  question.  The  form 
of  ballot  shall  be:  "For  bonding  the  township  district  for 

| 9  Yes,"  "For  bonding  the  township  district 

for  | ,  No."     On  the  question  of  bonding, 

the  board  of  education  shall  act  as  an  election  board  and 
cause  a  poll  list  to  be  kept  and  a  suitable  ballot  box  used,  and 
conduct  the  election  and  canvass  the  votes  in  the  same  man- 
ner as  a  regular  school  election.  When  bonds  have  been 
voted  the  board  shall  proceed  to  issue  and  sell  the  bonds  and 
fix  the  rate  of  interest  and  term  of  payments  thereon.  The 
period  of  any  school  bonds  shall  not  exceed  fifteen  years: 
Provided,  That  when  any  money  shall  have  been  borrowed 
by  any  township  school  district  upon  the  bonds  of  said  dis- 
trict the  qualified  voters  of  such  district  shall  have  power  at 
any  annual  or  special  meeting  to  impose  a  tax  on  the  taxable 
property  in  such  district  for  the  purpose  of  paying  the  prin- 
cipal or  any  part  thereof  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  levied 
and  collected. 

(202)  SEC.  14.   All  taxes  assessed  within  said  township  or 
township  district  for  school  purposes  shall  be  set  forth  in  the 
assessment  roll  of  the  proper  township  in  a  separate  column, 
apart  and  distinct  from  all  other  township  taxes. 

(203)  SEC.  15.    The  treasurer  of  the  township  shall  at  any 
time,  on  the  written  request  of  the  board  of  education,  re- 
port to  said  board  the  amount  of  school  money  in  his  hands 
and  shall,  on  the  order  of  the  secretary  of  the  board  counter- 
signed by  the  president,  pay  to  the  treasurer  of  the  board  all 
or  any  of  such  moneys.    The  treasurer  of  the  township  shall 
collect  from  the  treasurers  of  other  townships  in  which  the 
district  may  be  in  part  located  all  school  moneys  belonging 
to  such  district  on  or  before  March  first  in  each  year  and  re- 
port the  same  to  the  township  clerk. 

(204)  SEC.  16.     The  said  board  of  education  shall  annu- 
ally, on  or  before  its  regular  meeting  in  the  month  of  June, 
make  a  detailed  statement  of  the  number  of  schools  in  said 
township  district,  the  number  of  teachers  employed,  the  num- 
ber of  pupils  instructed  therein  during  the  preceding  year, 
the  itemized  expenditures  of  said  board  for  all  purposes,  the 
resources  and  liabilities  of  said  district  and  also  an  estimate 
of  the  necessary  expenses  for  the  ensuing  year  exclusive  of 


1 


GENERAL  SCHOOL  LAWS.  105 

the  income  from  the  primary  school  interest  fund  and  one  Recording  of. 
mill  tax,  which  report  or  statement  shall  be  entered  at  length 
in  the  records  of  said  board  and  shall  be  publicly  read  by  the 
president  of  said  board  or  any  member  of  the  board,  to  the 
voters  of  the  township  at  their  annual  meeting  on  the  second 
Monday  of  July. 

(205)  SEC.  I7.    The  board  of  education  at  any  annual  or  Free  text- 

.    ,  ..  ,       .,,        .1  /.JITJ.JJI       books,  mav 

special  meeting  may  submit  to  the  voters  of  the  district  the  be  submitted.  • 

question  of  free  text-books,  and  if  a  majority  of  the  voters 

present  shall  vote  in  favor  of  the  use  of  free  text-books,  the 

said  board  shall  be  authorized  to  proceed  to  make  a  contract 

with  some  dealer  or  publisher  to  furnish  the  necessary  books 

used  in  said  district  at  a  price  not  greater  than  the  net  whole 

sale  price  of  such  books,  and  to  vote  a  tax  for  such  purpose :  ' 

Provided,  That  the  voters  at  such  meeting  may  direct  the  Proviso,  bids. 

board  of  education  to  advertise  for  proposals  and  bids  on 

such  contract.     Annually  thereafter  the  board  of  education  TO  be  included 

shall  include  in  its  budget  a  sufficient  amount  to  maintain  in 

and  provide  the  proper  text-books  for  use  in  schools  and  such 

text-books  shall  be  sold  to  pupils  at  cost  and  furnished  free 

to  such  pupils  as  are  unable  to  buy  them,  and  such  books 

furnished  free  shall  be  the  property  of  the  district :    Provided  Further 

further,  That  nothing  herein  contained  shall  prevent  any  dis-  p 

trict  having  once  adopted  free  text-books  from  taking  further 

action  on  the  subject  at  any  subsequent  annual  meeting. 

(206)  SEC.  18.  All  school  property,  both  real  and  personal,  Property 
within  the  limits  of  the  township  district  as  created  or  organ-  a 
ized  under  this  act,  shall  by  force  of  this  act  become  the  prop- 
erty of  the  public  schools  of  the  township,  and  all  debts  and 
liabilities  of  the  several  districts  heretofore  organized  in  such 
township  as  they  existed  prior  to  the  passage  of  this  act  shall 
become  the  debts  and  liabilities  of  the  said  public  schools  of 

the   township. 

(207)  SEC.  19.     All  monev  raised  or  being  raised  by  tax,  Ta*  not  in- 

. ,"  ,     , .    ,    .    ,  .-ii  validated,  etc. 

or  accrued  or  accruing  to  the  school  districts  of  said  town- 
ship as  described  herein,  shall  become  the  money  of  the  public 
schools  of  the  township,  and  no  tax  heretofore  ordered 
assessed  or  levied  for  school  purposes  in  said  township  or 
other  proceedings  shall  be  invalidated  or  affected  by  means 
of  this  act. 

(208)  SEC.  20.     The  compensation    of    members    of    the  compensation 
board  of  education  other  than  the  secretary  and  treasurer  ofncers. 
shall  be  two  dollars  for  attendance  at  each  regular  meeting 

of  the  board.  The  secretary  and  treasurer  of  said  board  shall 
receive  such  compensation  for  their  services  as  the  board  of 
education  may  determine,  not  exceeding  one  hundred  dollars 
for  the  treasurer  and  one  hundred  twenty-five  dollars  for  the 
secretary  per  annum.  The  amount  of  money  necessary  for 
the  services  of  district  officers  shall  be  included  in^the  regular 
budget  voted  by  the  board  of  education  and  shall  be  paid 
from  the  general  fund.  ...  I.r 


14 


106 


GENERAL  SCHOOL  LAWS. 


Board 
township 
officers 
ineligible. 


Member  not 
to  act  as 
agent. 


Interest  in 
contract. 


Penalty. 


Refusal  to 
accept  office 
or  perform 
duty. 


Removal 
from  office. 


Proviso, 
when  order 
to  stand. 


(209)  SEC.  21.     The  several  township  officers  shall  be  in 
elio-ible  to  election  as  members  of  the  board  of  education  dur- 
ing the  term  for  which  they  were  elected  and  any  votes  cast 
for  such  township  officers  for  members  of  the  board  of  edu- 
cation shall  be  void.    It  shall  be  illegal  for  any  member  of  the 
board  of  education  to  act  as  agent  for  any  author,  publisher 
or  seller  of  school  books  or  school  apparatus,  or  to  receive 
any  gift  or  reward  for  his  influence  in  recommending  the  pur- 
chase or  use  of  any  school  book  or  apparatus  in  the  state  of 
Michigan.    It  shall  be  illegal  for  any  member  of  the  board  of 
education  to  perform  any  labor  except  as  provided  in  this 
act,  or  furnish  any  material  or  supplies  for  the  school  district 
in  which  he  is  an  officer,  and  he  shall  not  be  personally  inter- 

'ested  in  any  way  whatever,  directly  or  indirectly,  in  any 
contract  with  the  district  in  which  he  holds  office.  Any  act 
herein  prohibited,  if  performed  by  any  such  school  officer, 
shall  be  deemed  a  misdemeanor  and  he  shall  be  liable  to  the 
punishment  provided  for  such  offense  in  accordance  with  the 
provisions  of  the  statute  in  such  case  made  and  provided. 

(210)  SEC.  22.     Any  person  duly  elected  to  the  office  of 
trustee  of  any  township  district,  who  shall  neglect  or  refuse 
without  sufficient  cause  to  accept  such  office  and  serve  there- 
in, or  who  having  entered  upon  the  duties  of  his  office  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by  vir 
tue  of  his  office,  shall,  upon  conviction  in  any  court  of  com- 
petent jurisdiction,  be  fined  not  less  than  ten  dollars  in  the 
discretion  of  the  court,  and  if  he  shall  still  continue  to  neg- 
lect or  refuse  to  perform  the  duties  he  shall  be  liable  for  a 
similar  forfeiture  for  each  such  offense;  or  any  such  officer 
may  be  removed  from  office  in  the  manner  provided  in  this 
act. 

(211)  SEC.  23.     The  superintendent  of  public  instruction 
shall  have  power  and  is  hereby  required  to  remove  from  office, 
upon  satisfactory  proof  and  after  at  least  ten  days'  notice  to 
the  party  implicated,  any  trustee  of  any  township  school  dis- 
trict who  shall  have  illegally  used  or  disposed  of  any  of  the 
public  moneys  entrusted  to  his  charge,  or  who  shall  persist- 
ently and  without  sufficient  cause  refuse  or  neglect  to  dis- 
charge any  of  the  duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  record  in  the  office  of  the  township  clerk  of  such  township 
the  resolution  or  order  for  such  removal,  and  such  record  of 
such  resolution  or  order  so  entered,  or  a  certified  copy  there- 
of, shall  be  prirna  facie  evidence  in  all  courts  and  places  of 
jurisdiction   of   the   regularity   of   such   proceedings   for   re- 
moval,  and  said  state  superintendent  shall  file  a  similar  copy 
of  the  proceedings  in  the  records  of  his  office:     Provided, 
That  if  the  party  so  removed  shall,  within  thirty  days  after 
such  removal,  institute  proceedings  before  a  court  of  compe- 
tent jurisdiction  for  the  setting  aside  of  such  order  for  re- 
moval from  office,  ©r  if  after  said  thirty  days  such  proceed- 


GENERAL  SCHOOL  LAWS.  107 

ings  to  obtain  such  removal  shall  be  discontinued  or  dis- 
missed, the  said  order  for  removal  from  office  shall  stand 
and  not  be  subject  to  attack  by  any  legal  proceedings  there- 
after. 

(212)  SEC.  24.     When  any  township  district  comprising  Consolidation 

1 1    i.       j  •    •  j    j    •    j  i_  •        of  townships, 

one  township  shall  be  divided  into  two  or  more  townships  board  to  act. 
or  when  any  two  townships  are  consolidated  for  school  pur- 
poses, the  existing  board  or  boards  of  trustees  shall  continue 
to  act  for  all  the  townships  until  the  same  shall  have  been 
organized  and  the  township  boards  of  trustees  duly  elected 
and  qualified  therein.     Immediately  after  such  organization  Joint  session, 
the  township  boards  of  education  of  each  of  the  townships  appra 
shall  meet  in  joint  session  and  direct  an  appraisal  of  all  the 
school  property  of  the  former  township  to  be  made.     When 
such  appraisal  has  been  made  said  township  boards  of  edu- 
cation shall  make  an  equitable  division  of  the  existing  assets 
and  liabilities  of  the  school  districts  of  such  former  township, 
basing  their  apportionment    upon    the    amount    of    taxable 
propert}^  in  the  township  divided,  as  shown  by  the  last  assess- 
ment roll  of  such  former  township.  When  a  township  district  Alteration 
shall  be  altered  in  its  limits  by  annexing  a  portion  of  its  ° 
territory   to   another   township   or   townships,   the   township 
boards   of   education   of   such   townships   shall,   immediately 
after   such    alteration,   meet   in   joint  session   and   make  an 
equitable  division  of  the  assets  and  liabilities  of  the  school 
districts  of  the  township  from  which  the  territory  has  been 
detached,  basing  their  division  upon  the  amount  of  taxable 
property  as  the  same  shall  appear  upon  the  last  assessment 
roll  of  such  township. 

(213)  SEC.  25.    When  any  ten  or  more  qualified  voters  in  Appeal  from 
any  township  district  shall  feel  themselves  aggrieved  by  any  jj£ard  °f 
action,  order  or  decision  of  the  board  of  education  with  refer- 
ence to  the  formation  of  any  school,  the  division  or  arrange- 
ment of  any  territory,  or  location  of  the  schools,  or  the  main- 
taining of  school  in  any  part  of  said  district,  they  may,  at 

any.  time  within  ninety  days  from  the  time  of  such  action  on 
the  part  of  said  board  of  education,  appeal  from  such  action, 
order  or  decision  of  said  board  of  education  to  the  state 
superintendent  of  public  instruction,  and  notice  of  such 
appeal  shall  be  served  on  the  secretary  of  the  board  of  educa- 
tion. The  superintendent  of  public  instruction,  upon  the  Supt.  of  pub- 
receipt  of  such  appeal,  shall  have  power  to  entertain  such 
appeal,  and  review,  confirm,  set  aside  or  amend  the  action, 
order  or  decision  of  the  board  of  education  thus  appealed 
from,  or  if  in  his  opinion  the  appeal  is  frivolous  or  without 
sufficient  cause,  he  may  summarily  dismiss  the  same.  Said 
state  superintendent  of  public  instruction,  before  acting 
upon  such  appeal,  may  visit  the  locality  or  appoint  some  one 
to  do  so,  and  investigate  carefully  the  action,  order  or  deci- 
sion and  its  effect  upon  the  district  and  the  conditions  sur- 
rounding the  same,  and  he  or  his  appointee  shall  give  a  hear- 


108 


GENERAL  SCHOOL  LAWS. 


ing  at  some  place  within  the  county  where  such  township 
district  may  be  located  and  to  such  hearing  he  may  summon 
the  board  of  education,  the  complainants  and  any  persons 
who  may  have  knowledge  of  the  matter  at  issue.  After  the 
hearing  and  due  consideration,  said  superintendent  shall  ren- 
der his  decision  which  shall  be  final. 


TOWNSHIP  SCHOOL  DISTRICTS  IN  UPPER  PENINSULA. 

An  Act  for  the  organization  of  township  school  districts  in  the  upper 

peninsula. 


Petition  for 
organization. 


Clerk  to 

notify 

board. 


When  town- 
ship to  be- 
come single 
district. 


[Act    176,    1891.] 

The  People  of  the  State  of  Michigan  enact: 

(214)  §  4823.  SECTION  1.  Whenever  the  qualified  elec- 
tors of  any  organized  township  in  the  upper  peninsula  desire 
to  become  organized  into  a  single  school  district,  they  may 
petition  the  township  board  to  proceed  as  hereinafter  pro- 
vided for  organizing  a  township  school  district.  Such  peti- 
tion shall  be  signed  by  a  majority  of  the  electors  of  the  town- 
ship qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
the  office  of  the  township  clerk  at  least  fifteen  days  prior  to 
the  first  day  of  July.  Upon  the  receipt  and  filing  of  said 
petition,  the  township  clerk  shall  notify  the  members  of  the 
township  board  and  the  school  inspectors  of  the  township  to 
attend  a  special  meeting  to  be  held  not  more  than  five  days 
thereafter,  at  which  meeting  it  shall  be  the  duty  of  such 
township  board  to  compare  the  names  signed  to  the  petition 
with  the  names  appearing  on  the  list  of  registered  voters 
qualified  to  vote  at  school  meetings,  .and  if  it  be  found  that  a 
majority  of  the  voters  so  qualified  to  vote  have  signed  -the 
petition  that  the  organized  township  of  which  they  are  resi- 
dents be  organized  as  a  single  school  district,  the  township 
board  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district;  and  they  shall  make  and  file,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon ;  and  when  the  district  officers  shall  have  been 
duly  elected  and  shall  have  filed  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
state,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
graded  school  districts  by  the  laws  of  this  state,  all  the  gen- 


GENERAL  SCHOOL  LAWS.  109 

eral  provisions  of  which  relating  to  common  or  primary 
schools  shall  apply  and  be  enforced  in  said  district,  except 
such  as  shall  be  inconsistent  with  the  provisions  of  this  act: 
Provided,  That,  immediately  after  the  organization  of  the 
township  district,  the  board  of  education  may  divide  the  districts. 
township  into  such  number  of  sub-districts  as  they  may  deem 
necessary  for  the  accommodation  of  all  children  of  school 
age  therein,  designating  the  same  as  follows:  Sub-district 
number  one,  sub-district  number  two,  etc. 

Am.    1903,   Act   154. 

This  act  is  constitutional. — Perrizo  v.  Kesler,  93  /  280  ;  Keweenaw  Ass'n 
v.  Sen.  Dist.,  98  /  441.  The  provision  authorizing  the  township  board  and 
school  inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of 
the  township  have  signed  the  petition,  is  sufficient. — Jd.  As  to  filing  a  cer- 
tified copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools, 
instead  of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 

(215)  §  4824.  SEC.  2.  The  officers  of  said  district  shall  Board  of  edu 
consist  of  five  trustees,  who  shall  constitute  the  board  of  edu-  cJnsStutST. 
cation  of  said  district,  and  the  term  of  office  shall  be  three 
years.  On  the  second  Monday  of  July  following  the  action  of 
the  township  board,  as  stated  in  section  one  of  this  act,  the 
qualified  voters  of  the  .township  shall  proceed  to  elect  from 
their  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.  The 
term  for  which  the  person  voted  for  is  intended  shall  be 
designated  on  the  ballot.  The  qualifications  of  voters  and  the 
conditions  of  eligibility  for  office  holding  shall  be  the  same  as 
provided  in  the  general  school  laws.  At  the  first  election  Elections, 
held  in  said  district,  the  township  board  shall  act  as  a  board  ducted!*" 
of  election,  and  they  shall  canvass  the  votes  in  the  same  man- 
ner as  votes  for  elective  township  officers  are  canvassed.  At 
succeeding  elections  the  qualified  voters  present  shall  desig- 
nate three  qualified  voters  to  act  as  a  board  of  election  and 
board  of  canvassers,  who  shall  respectively  take  and  sub- 
scribe the  constitutional  oath  of  office,  which  oath  any  mem- 
ber of  the  board  of  trustees  may  administer.  In  the  election 
of  trustees  the  person  or  persons  receiving  a  majority  of  all 
the  votes  cast  shall  be  declared  elected,  and  he  or  they  shall 
hold  office  until  his  or  their  successor  or  successors  shall  have 
been  duly  elected  and  filed  his  or  their  acceptance.  The  ^jJ^JJ1 
annual  meeting  of  said  district  shall  occur  on  the  second  when  held. 
Monday  of  July  in  each  year,  at  the  usual  place  of  holding 
the  annual  township  meeting,  and  it  shall  be  the  duty  of  the 
secretary  to  give  notice  of  all  annual  meetings  and  of  any 
special  meeting  of  said  district  by  posting  a  written  or 
printed  notice  thereof  in  at  least  five  conspicuous  places  in 
said  township  at  least  five  days  prior  to  said  meeting.  At 
the  first  school  meeting  and  all  succeeding  annual  meetings 
the  polls  shall  open  at  three  o'clock  p.  m.  and  be  kept  open 
four  hours,  during  the  last  hour  of  which  time  the  voters 
shall  transact  such  business  as  may  lawfully  come  before 


110 


GENERAL  SCHOOL  LAWS. 


them,  according  to  the  provisions  of  section  nine  of  this  act. 
First  eiec-        In  all  townships  organized  prior  to  April  first,  nineteen  hun- 
MdVcertain  dred  three,  under  the  provisions  of  act  number  one  hundred 
townships.       seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one, 
the  first  election  of  trustees  under  this  act  shall  be  held  on 
the  second  Monday  of  July,  nineteen  hundred  three,  in  the 
manner  provided  in  this  section  for  the  election  in  a  town- 
ship newly  organized   as  a  single  school   district;   and  im- 
mediately thereafter  the  records,  property  and  documents  be- 
longing to  said  district  shall  be  turned  over  to  the  newly 
proviso.          elected  board  of  education:      Provided,    That    the    district 
officers  elected  at  the  annual  election  in  April,  nineteen  hun- 
dred three,  under  the  provisions  of  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one, 
shall  act  as  the  board  of  education  until  the  trustees  elected 
on  the  said  second  Monday  in  July,  nineteen  hundred  three, 
shall  have  filed  their  acceptances  and  become  duly  qualified. 

Am.   1903,   Act    154. 
Perrlzo   v.    Kesler,   93/283. 


Officers,   how 
notified  of 
election. 


Proviso. 


Board  of 
education, 
how  or- 
ganized. 


Duties  of 
president. 


Secretary. 


Treasurer. 


(216)  §  4825.     SEC.  3.     Within  five  days  after  the  first 
election  under  this  act,  the  township  clerk  shall  notify,  in 
writing,  the  persons  elected  trustees  of  their  election,  and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this   state,   before   any   officer   authorized   to   administer 
oaths,  and  file  the  same  with  the  township  clerk:     Provided, 
That  after  the  district  shall  have  been  organized  under  the 
provisions  of  this  act,  the  members  of  the  board  of  education 
shall  file  their  acceptances  with  the  secretary  of  the  board. 

Am.  Id. 

(217)  §  4826.    SEC.  4.    The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
first  election  under  this  act  and  elect  from  their  number  a 
president,  a  secretary,  and  a  treasurer,  who  shall  severally 
serve  in  such  capacity  during  his  term  of  office  and  until  his 
successor  shall   have  been   duly  elected   and  duly  qualified. 
The  president  shall  preside  at  all  meetings  of  the  district,  and 
of  the  board,  and  perform  such  other  duties  as  are  required 
of  the  moderator  in  a  primary  school  district.    The  secretary 
shall  faithfully  record  all  proceedings  of  annual  and  special 
meetings  of  the  district  and  of  all  meetings  of  the  board,  re- 
ceive and  file  all  records,  papers,  and  other  documents  belong- 
ing to  the  district,  and  perform  such  other  duties  as  are  re- 
quired of  the  director  in  primary  school  districts.     It  shall 
be  the  duty  of  the  treasurer  in  each  district  to  execute  and 

i  with  the  secretary,  within  ten  days  after  his  election  or 

ippomtment,  a  bond  in  the  full  amount  of  .money  to  come 

us  hands  as  such  treasurer  during  his  term  of  office,  as 

near  as  the  same   can   be   ascertained,    with   two    sufficient 


GENERAL  SCHOOL  LAWS.  Ill 


sureties  who  shall  be  residents  of  the  same  county,  or  shall 
furnish  a  similar  bond  of  some  surety  company  authorized 
to  do  business  in  this  state,  to  be  approved  by  the  president 
and  secretary  of  the  board,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  act,  and  honestly  account- 
ing for  all  moneys  coming  into  his  hands  belonging  to  said 
district.  It  shall  be  the  duty  of  the  treasurer  of  said  board 
to  apply  for  and  receive  from  the  township  treasurer,  or 
other  officer  holding  the  same,  on  the  presentation  of  a  war- 
rant signed  by  the  president  and  secretary  of  the  school 
board,  all  moneys  appropriated  or  apportioned  for  primary 
schools  and  for  district  library  of  said  district.  The  said 
treasurer  shall  have  the  keeping  of  all  school  and  library 
moneys,  and  shall  not  pay  out  the  same  without  the  author- 
ity of  the  board,  upon  warrants  or  orders  drawn  upon  him 
and  signed  by  the  secretary  and  countersigned  by  the  presi- 
dent; and  he  shall  perform  such  other  duties  as  are  required 
of  the  treasurer  in  primary  school  districts. 

Am.  Id. 

(218)  §  4827.     SEC.   5.     Said   board  of   education   shall  vacancies. 
have  power  to  fill  all  vacancies  that  may  occur  in  the  office  of 
trustee  until  the  next  annual  election,  and  such  trustee  shall 

file  with  the  secretary  of  said  board  his  oath  of  office  within 
five  days  after  such  appointment  by  the  board. 

Am.  Id. 

(219)  §  4828.     SEC.  6.     A  majority  of  the  members  of  Quorum, 
said  board  shall  constitute  a  quorum,  and  the  regular  meet-  r 
ings  of  said  board  shall  be  held  on  the  fourth  Monday  of 
March,  June,  September,  and  December  in  each  year,  and  no 
notice  of  such  meeting  shall  be  required,  and  any  two  mem 

bers  of  said  board  shall  be  sufficient  to  adjourn  any  meeting 
from  time  to  time  until  a  quorum  is  present.  Special  meet- 
ings of  said  board  may  be  called  at  any  time  on  the  request 
of  the  president,  or  any  two  members  thereof,  in  writing,  de- 
livered to  the  secretary;  and  the  secretary,  upon  receiving 
such  request,  shall  at  once  notify  each  member  of  said  board 
of  the  time  of  holding  such  meeting,  which  shall  be  at  least 
two  days  subsequent  to  the  time  of  receiving  such  request  by 
said  secretary :  Provided,  That  in  case  all  the  members  shall  Proviso, 
sign  a  waiver  of  notice  on  the  minute  book  of  the  secretary  no 
notice  shall  be  necessary.  All  records  and  papers  of  said 
district  shall  be  kept  in  the  custody  of  said  secretary  and 
shall  be  open  to  the  inspection  of  any  qualified  voter  of  said 
district. 

Am.  Id. 

Shafer  v.    Sch.   Dist.,  116/206. 


112 


GENERAL  SCHOOL  LAWS. 


To  be  board 
of  school 

inspectors. 


Powers  and 
duties. 


Electors  to 
determine 
amount  to 
be  raised. 

Proviso  as 
to  neglect. 


(220)  §  4829.     SEC.  7.    The  said  board  shall  be  the  board 
of  school  inspectors  for  said  district  and  shall,  as  such,  re- 
port to  the  clerk  of  the  county  in  which  such  township  is 
located  and  shall  have  all  the  powers  and  perform  all  the 
duties  now  enjoyed  and  performed  by  boards  of  school  in- 
spectors; and  the  secretary  of  said  board  shall  perform  all 
the  duties  required  by  law  of  the  chairman  of  the  board  of 
school  inspectors ;  and  the  board  of  school  inspectors  for  such 
township  is  hereby  abolished,  except  as  its  powers  are  vested 
in  said  board  of  education. 

Am.  Id. 

(221)  §  4830.     SEC.  8.     The  board  of  education  of  said 
district  shall  have  power  and  authority  to  designate  and  pur- 
chase schoolhouse  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district 
library,  make  by-laws  relative  to  taking  the  census  of  all 
children  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the 
same  to  the  proper  officers  as  designated  by  law,  so  that  the 
district  may  be  entitled  to  its   proportion   of  the  primary 
school  interest  fund;  and  said  board  shall  have  authority  to 
make   all   needful   regulations   and   by-laws    relative   to   the 
visitation  of  schools;   relative  to  the  length  of  time  school 
shall  be  kept,  which  shall  not  be  less  than  five  months  in  each 
year;  relative  to  the  employment  of  teachers  duly  and  legally 
qualified;  relative  to  the  regulation  of  schools  and  the  books 
to  be  used  therein;  and  generally,  to  do  all  things  needful 
and  desirable  for  the  maintenance,  prosperity,  and  success  of 
the  schools  of  said  district,  and  the  promotion  of  a  thorough 
education  of  the  children  thereof.     When  in  any  contiguous 
territory  of  said   township   district   there  are  ten   or  more 
children  of  school  age,  living  not  less  than  three  miles,  nor 
more  than  eight  miles,  from  any  schoolhouse  in  said  district, 
the  board  of  education  shall,  upon  the  petition  of  a  majority 
of  the  parents  or  legal  guardians  of  said  children,  provide 
school  advantages -for  such  children,  either  by  establishing  a 
sub-district,  or  by  providing  transportation    to   some    school 
already  established  within  the  township. 

Am.  Id. 

Perrizo  v.   Kesler,   93  /  283. 

(222)  §  4831.     SEC.  9.     At  each  annual  school  meeting 
held  in  said  township,  the  qualified  voters  present  shall  deter- 
mine the  amount  of  money  to  be  raised  by  tax  for  all  school 
purposes  for  the  ensuing  "year:-  Provided,  That  in  case  the 
voters  at  any  annual  school  meeting  shall  neglect  or  refuse  to 
determine  the  amount  to  be  raised   as  aforesaid,   then  the 
board  of  education  shall  determine  the  same  at  the  first  reg- 
ular meeting  thereof,  which  amount  the  secretary  shall,  with- 
in thirty  days  thereafter,  certify  to  the  supervisor  of  the  town- 
ship, who  shall  spread  the  same  upon  the  regular  tax  roll  of 


GENERAL  SCHOOL  LAWS.  113 

said  township,  and  the  same  shall  be  levied,  collected  and  re- 
turned in  the  same  manner  as  other  township  taxes :     Pro-  Proviso  as 
vided,  That  for  purchasing  school  lots  and  for  erecting  school- to  ai 
houses  no  greater  sum  than  three  mills  on  the  dollar  of  all 
the  taxable  valuation  of  the  real  and  personal  property  in 
said  township  shall  be  levied  in  any  one  year. 

Am.  Id. 

Auditor  General  v.  Duluth,  South  Shore,  etc.,  116  / 122 ;  Auditor  General 
v.  Sparrow,  116  /  576. 

(223)  §  4832.     SEC.  10.     All  taxes  assessed  within  said  Taxes  to 
township  for  school  purposes  shall  be  set  forth  in  the  assess-  !l?ron.for 
merit  roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

Am.  Id. 

(224)  §  4833.     SEC.  11.     The  treasurer  of  the  township  Treasurer 
shall,  at  any  time,  at  the  written  request  of  said  board  of  to  boar?. 
education,  report  to  said  board  the  amount  of  school  money 

in  his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 
board  of  education,  countersigned  by  the  president,  pay  to 
the  treasurer  of  said  board,  all  or  any  of  such  money. 

Am.  Id. 

(225)  §  4834.     SEC.  12.     The  said  board  shall  annually,  Board  to 
prior  to  the  second  Monday  of  July  in  each  year,  make  a 
detailed  statement  of  the  number  of  schools  in  said  district, 

the  number  of  teachers  employed,  the  number  of  pupils  in- 
structed therein  during  the  preceding  year,  the  expenditures 
of  said  board  for  all  purposes,  the  resources  and  liabilities  of 
said  district,  and  also  an  estimate  of  the  necessary  expenses 
for  the  ensuing  year  exclusive  of  the  income  from  the  prim- 
ary school  interest  fund  and  one  mill  tax,  which  report  or 
statement  shall  be  entered  at  length  in  the  record  of  said 
board  and  shall  be  publicly  read  by  the  president  of  said 
board,  or  in  his  absence  by  the  secretary  thereof,  to  the  voters 
of  said  township,  at  their  annual  meeting  on  the  second  Mon- 
day of  July. 

Am.  Id. 

(226)  §  4835.     SEC.   13.     All  school  property,  both  real  Disposition 
and  personal,  within  the  limits  of  a  township  incorporated  as  property. 
aforesaid,  shall,  by  force  of  this  act,  become  the  property  of 

the  public  schools  of  such  township,  and  all  debts  and  liabili- 
ties of  the  primary  school  districts  of  said  township,  as  they 
existed  prior  to  its  incorporation  under  the  provisions  of  this 
act,  shall  become  the  debts  and  liabilities  of  said  public 
schools  of  the  township  so  incorporated. 

Am.   Td. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted  in 
certain  cases,  yet  there  is  no  constitutional  objection  to  it. — Perrizo  v.  Kes- 
ler,  93/283-4. 

15 


114 


GENERAL  SCHOOL  LAWS. 


Of  moneys 
raised  by 
tax. 


Compensation 
of  board. 


In  case  of 
division  of 
township. 


Alteration, 
etc. 


(227)  §  4836.    SEC.  14.    All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township,  as  organized  under  the  primary  school  laws  of  this 
state  shall  hereby  become  the  money  of  the  public  schools  of 
the  township,   and  no  tax  heretofore    ordered    assessed    or 
levied  for  school  purposes  in  said  township,  or  other  proceed- 
ings, shall  be  invalidated  or  affected  by  means  of  this  act. 

Am.  Id. 

(228)  §  4837.    SEC.  IS.    The   compensation   of   the  mem- 
bers of  the  board  of  education  other  than  the  secretary  and 
treasurer  shall  be  two  dollars  for  attendance  at  each  regular 
meeting  of  the  board.     The  secretary  and  treasurer  of  said 
board  shall  receive  such  compensation  for  their  services  as 
the  board  of  education  may  determine,   not  exceeding  one 
hundred  dollars  for  the  treasurer  and  one  hundred  twenty- 
five  dollars  for  the  secretary,  per  annum. 

Am.  Id. 

(229)  §  4838.     SEC.    16.      When    any    township    district 
shall  be  divided  into  two  or  more  townships,   the  existing 
board  of  trustees  shall  continue  to  act  for  all  the  townships 
until  the  same  shall  have  been  organized  and  the  township 
boards  of  trustees  duly  elected  and  qualified  therein.     Imme- 
diately after  such  organization  the  township  boards  of  educa- 
tion of  each  of  the  townships  shall  meet  in  joint  session  and 
direct  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.    When  such  appraisal  has  been  made, 
said  township  boards  of  education  shall  make  an  equitable 
division  of  the  existing  assets  and  liabilities  of  the  school  dis- 
tricts of  such  former  township,  basing  their  apportionment 
upon  the  amount  of  taxable  property  in  the  township  divided, 
as  shown  by  the  last  assessment  roll  of  such  former  township. 
When  a  township  district  shall  be  altered  in  its  limits  by  an- 
nexing a  portion  of  its  territory  to  another  township  or  town- 
ships, the  township  boards  of  education  of  each  of  the  town- 
ships shall,  immediately  after  such  alteration,  meet  in  joint 
session   and   make  an   equitable  division   of  the   assets  and 
liabilities  of  the  school  districts  of  the  township  from  which 
the  territory  has  been  detached,  basing  their  division  upon 
the  amount  of  taxable  property  as  the  same  shall   appear 
upon  the  last  assessment  roll  of  such  township. 

Am.  Id. 

SEC.  17.     All  acts  contravening  the  provisions  of  this  act 
are  hereby  repealed. 


Added,   1909,  Act  7. 


°f 


were   1%ePealed 


GENERAL  SCHOOL  LAWS.  115 


BOUNDARIES  OF  SCHOOL  DISTRICTS  IN  CITIES. 

An  Act  in  relation  to  the  boundaries  of  school  districts  in  cities, 
and  the  boundaries  of  school  districts  which  have  been  fixed  by 
legislative  act. 

[Act   86,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(230)     SECTION  1.    Whenever  a  change  in,  or  the  establish-  Boundaries, 
ment  of,  the  boundaries  of  a  school  district  of  any  city  is  " 

desired  or  becomes  necessary,  such  change  or  establishment 
may  be  made  by  the  joint  action  of  the  board  of  education  of 
such  district  or  the  board  of  trustees  of  such  city  and  the 
township  board  of  the  township  in  which  the  territory  may 
be  located,  or  the  township  boards  if  the  territory  affected 
is  located  in  more  than  one  township,  adjoining  such  district. 
Whenever  any  change  is    contemplated    in    regard    to    the 
boundaries   of   the   school    district,   and   a   majority   of  the  duty.' 
members  of  the  board  of  education  or  board  of  trustees  shall 
vote  in  favor  thereof,  it  shall  be  the  duty  of  said  board  to 
elect  four  of  its  members  as  a  committee  to  meet  with  the 
proper  township  board  in  the  joint  meeting  herein  authorized, 
and   the   secretary   of   the  board   of  education   or  board   of 
trustees  shall   notify   the  township  board  or  boards  of  the 
township  or  townships  in  which  the  territory  intended  to  be 
attached  to  or  detached  from  the  school  district  is  located, 
that  a  joint  meeting  of  such  township  board  or  boards  will  Joint  meet- 
be  held  with  the  committee  of  the  board  of  education  or  board  mgs* nc 
of  trustees  of  the  city  at  a  place,  on  a  date  and  at  an  hour 
named  in  said  notice,  but  not  within  ten  days  of  the  date  of 
such    notice.     The   secretary   of  the   board   of  education   or  HOW  made. 
board  of  trustees  shall  notify  the  township  board  or  boards, 
through  the  township  clerk  of  such  township  or  townships, 
and  he  shall  also  notify  the  committee  representing  the  mem- 
bers of  the  board  of  education  of  the  city  of  the  time  and 
place  of  such  meeting.     It  shall  be  the  duty  of  each  memb3r 
of  each  board  or  committee  to  attend  such  meeting.     When  ^airman 
the  joint  boards  and  committee  have  assembled  they  shall  election  of. 
elect  from  their  number  a  chairman  and  a  clerk  and  shall 
proceed  to  consider  the  changes  contemplated  and  it  shall 
require  a  majority  of  all  the  members    elect    of    the    joint 
boards  for  affirmative  action.    The  provisions  of  this  act  shall 
apply  to  all  school  districts,  the  boundaries  of  which  have 
been  fixed  by  legislative  act,  and  to  school  districts  governed 
by  the  fourth  class  city  act.     When  said  joint  boards  have  Maps,  ai- 
made   alterations   in   the   boundaries   of  the  school   district, teratlons  of- 
they  shall  prepare  a  map  showing  in  detail  the  boundaries  of 
the  original  school  district  and  the  boundaries  of  the  terri-  ruing  of.    * 
tory  annexed  or  detached,  and  a  copy  of  such  map  shall  be 
kept  on  file  in  the  office  of  the  secretary  of  the  board  of  edu 


116 


GENERAL  SCHOOL  LAWS. 


May  peti- 
tion board. 


School 
matters, 
provisions 
governing. 


Certificate. 


Taxes, 
apportion- 
ment of. 


cation  or  board  of  trustees,  and  in  the  office  of  the  township 
clerk  or  clerks  of  the  township  or  townships  in  which  the 
territory  may  be  located. 

(231)  SEC.  2.     Any  persons  residing  on  territory  adjoin- 
ing any  city  district,  or  in  any  school  district  the  boundaries 
of  which  have  been  fixed  by  legislative  act,  who  desire  to  have 
their   property   attached   to   or   detached   from    such   school 
district,  may  petition  the  board  of  education  or  the  board 
of  trustees  thereof  to  have    such    territory    annexed    or    de- 
tached, as  the  case  may  be,  and  when  such  petition  has  been 
received  the  secretary  of  the  board  of  education  or  the  board 
of  trustees  shall  proceed  as  hereinbefore    stated    and    call 
a  meeting  of  the  board  of   education    or  board    of  trustees, 
and  the  township  board,  to  take  action  on  such  petition. 

(232)  SEC.  3.     When  any  territory  shall    be    attached  to 
or  detached  from  the  school  district  of  any  city,  or  any  school 
district  the  boundaries  of  which  have  been  fixed  by  legis- 
lative act,  in  pursuance  of  the  provisions  of  this  act,  it  shall 
in  all  things  relative  to  school  matters  be  governed  by  the 
provisions  of  the  law  in  force  and  governing  such  district 
at  the  time  the  change  of  boundaries  is  made. 

(233)  SEC.  4.     The  board  of  education  or  the  board  of 
trustees  of  any  district  which  by  reason  of  the  provisions  of 
this  act  is  extended  beyond  the  limits  of  any  single  munici- 
pality, shall,  within  the  time  provided  by  law,  for  certifying 
taxes  by  township  clerks,  certify  to  the  board  of  supervisors 
all  amounts  to  be  raised  therein  for  school  purposes.     The 
board  of  supervisors  shall,  in  accordance  with  law,  apportion 
such  school  taxes  to  the  several  municipalities  possessing  ter- 
ritory in  such  district  in  proportion  to  the  assessed  valuation 
of  each  municipality  within  such  district,  and  shall  certify 
the  same  to  the  proper  officer  thereof. 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


TEACHERS'  INSTITUTES. 

An  Act  to  provide*  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

[Act    53,    1877.] 

The  People  of  the  State  of  Michigan  enact: 

(234)  §  4839.  SECTION  1.  That  all  boards  or  officers, 
authorized  by  law  to  examine  applicants  for  certificates  of 
qualification  as  teachers,  shall  collect,  at  the  time  of  examina- 
tion, from  each  male  applicant  for  a  certificate,  an  annual  fee 
of  one  dollar,  and  from  each  female  applicant  for  a  certifi- 


GENERAL  SCHOOL  LAWS.  117 

cate,  an  annual  fee  of  fifty  cents,  and  the  director  and  secre- 
tary of  any  school  board  that  shall  employ  any  teacher  who  When  to  be 
has  not  paid  the  fee  hereinbefore  provided,  shall  collect,  at  Srec?or?etc., 
the  time  of  making  contract,  from  each  male  teacher  so  em-  board001 
ployed,  an  annual  fee  of  one  dollar,  and  from  each  female 
teacher  so  employed,  an  annual  fee  of  fifty  cents.     All  per-  Receipt, 
sons  paying  a  fee  as  required  by  this  section,  shall  be  given  a 
receipt  for  the  same,  and  no  person  shall  be  required  to  pay 
said  fee  more  than  once  in  any  school  year. 

ACT  VALID :  This  act  does  not  conflict  with  Const.,  Art.  X,  section  1, 
on  the  ground  that  the  fees  are  specific  taxes  ;  nor  on  the  ground  that  the 
fees  are  not  uniform.  This  section  is  not  defective,  incomplete,  ineffectual 
and  is  valid. — Hammond  v.  School  Board,  109  /  676. 

(235)  §  4840.     SEC.  2.     All   such  fees,  collected  by  -the  -^position 
director  or  secretary  of  any  school  board,  shall  be  paid  over 

to  the  secretary  of  the  county  board  of  school  examiners  of 
the  county  in  which  they  were  collected,  on  or  before  the 
fifteenth  day  of  March,  June,  September  and  December,  ac- 
companied by  a  list  of  those  persons  from  whom  they  were  col- 
lected, and  all  of  such  fees,  together  with  all  those  that  shall 
be  collected  by  the  county  board  of  school  examiners,  shall 
be  paid  over  by  the  secretary  of  said  board  of  school  exam- 
iners-to  the  treasurer  of  the  county  in  which  they  were  col- 
lected, on  or  before  the  last  day  of  March,  June,  September 
and  December,  in  each  year,  accompanied  by  a  complete  list 
of  all  persons  from  whom  said  fees  were  collected,  and  a  like 
list,  accompanied  by  a  statement  from  the  county  treasurer 
that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said 
secretary  to  the  superintendent  of  public  instruction.  All 
moneys  paid  over  to  the  county  treasurer,  as  provided  by  this 
act,  shall  be  set  apart  as  a  teacher's  institute  fund,  to  be  used 
as  hereinafter  provided. 

(236)  §  4841.     SEC.  3.     The  superintendent  of  public  in-  Annual 
struction  shall  annually  appoint  a  time  and  place  in  each  or-  - 
ganized  county  for  holding  a  teachers'  institute,  make  suit- 
able   arrangements   therefor,    and    give   due   notice   thereof: 
Provided,  That  in  organized  counties  having  less  than  one  provis0f 
thousand  children  between  the  ages  of  five  and  twenty  years, 

the  holding  of  such  institute  shall  be  optional  with  the  said  intendent 
superintendent,   unless   requested   to   hold   such   institute  by 
fifteen  teachers  of  the  county  in  which  such  institute  is  to  be 
held :     Provided,  however,  That  if  there  shall  not  be  a  suflfi-  Proviso, 
cient  number  of  teachers  in  any  county  to  make  such  request, 
then  teachers  of  adjoining  counties  who  desire  to  attend  such 
institute  may  unite  in  the  required  application  to  said  super- 
intendent :     Provided,   also,   That    the    said'   superintendent  proviso. 
may,  in  his  discretion,  hold  an  institute  for  the  benefit  of  two 
or  more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 


118 


GENERAL  SCHOOL  LAWS. 


In  case  of 
inability  of 
superin- 
tendent. 


Certificate  of 
attendance. 


Teachers  at- 
tending not 
to  forfeit 
wages. 


Expense  of 
institute, 
how  paid. 


May  draw 
on  state 
treasurer. 


Yearly 

state 

institute. 


(237)  §  4842.     SEC.  4.     The  superintendent  of  public  in- 
struction, in  case  of  inability  personally  to  conduct  any  insti- 
tute, or  to  make  the  necessary  arrangements  for  holding  the 
same,  is  hereby  authorized  to  appoint  some  suitable  person 
for  that  purpose,  who  shall  be  subject  to  the  direction  of  said 
superintendent.     Every  teacher  attending  any  institute  held 
in  accordance  with  the  provisions  of  this  act,  shall  be  given 
by  the  superintendent  of  public  instruction,  or  by  the  duly 
appointed  conductor,  a  certificate  setting  forth  at  what  ses- 
sions of  said  institute  such  teacher  shall  have  been  in  attend- 
ance, and  any  teacher  who  shall  have  closed  his  or  her  school, 
in  order  to  attend  said  institute,  shall  not  forfeit  his  or  her 
wages  as  teacher,  during  such  time  as  he  or  she  shall  have 
been  in  attendance  at  said  institute,  and  the  certificate  here- 
inbefore provided  shall  be  evidence  of  such  attendance. 

(238)  §  4843.     SEC.  5.     For  the  purpose  of  defraying  the 
expenses  of  rooms,  fires,  lights,  or  other  necessary  charges, 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  each  county  for 
the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereby 
required  to  pay  over  to  said  superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 

(239)  §  4844.     SEC.  6.     In  case  the  institute  fund  in  any 
county  shall  be  insufficient  to  defray  the  necessary  expenses 
of  any  institute  held  under  the  provisions  of  this  act,  the 
auditor  general   shall,   upon   the  certificate   of  the  superin- 
tendent that  he  has  made  arrangements  for  holding  such  in- 
stitute and  that  the  county  institute  fund  is  insufficient  to 
meet  the  expenses  thereof,  draw  his  warrant  upon  the  state 
treasurer   for   such    additional    sum  as    said   superintendent 
shall   deem   necessary  for  conducting  such   institute,   which 
sum  shall  not  exceed  one  hundred  dollars  for  each  institute, 
and  shall  be  paid  out  of  the  general  fund. 

Am.   1899,  Act  64. 

(240)  §  4845.     SEC.  7.     The  superintendent  is  authorized 
to  hold,  once  in  each  year,  an  institute  for  the  state  at  large, 
to  be  denominated  a  state  institute,  and  for  the  purpose  of 
defraying  the  necessary  expenses  of  such  institute,  the  audi- 

P  general  shall,  on  the  certificate  of  said  superintendent 
that  he  has  made  arrangements  for  holding  such  institute, 
draw  his  warrant  upon  the  state  treasurer  for  such  sum  as 
aid  superintendent  shall  deem  necessary  for  conducting  such 
institute,  which  sum  shall  not  exceed  four  hundred  dollars 
and  shall  be  paid  out  of  the  general  fund:  Provided,  That 


GENERAL  SCHOOL  LAWS.  119 

not  more  than  three  thousand  dollars  shall  be  drawn  from 
the  treasury  or  any  greater  liability  incurred  in  any  one  year 
to  meet  the  provisions  of  this  act. 

Am.  Id. 

(241)  §  4846.  SEC.  8.  The  superintendent  of  public  in- 
struction,  or  the  conductor  of  the  institute  by  him  appointed, 
drawing  money  from  the  county  treasurer,  under  section  five 
of  this  act,  shall,  at  the  close  of  each  institute,  furnish  to  the 
county  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with  this  act,  and  he  shall  return  to  the  county 
treasurer  whatever  of  the  amount  that  may  remain  unex- 
pended, to  be  replaced  in  the  institute  fund. 


BUREAU  OF  INFORMATION. 

An  Act  to  provide  for  the  establishment  in  the  office  of  the  superin- 
tendent of  public  instruction  of  a  bureau  of  information  for  the 
benefit  of  school  officers,  superintendents  .and  teachers. 

[Act  251,  1907.]' 
The  People  of  the  State  of  Michigan  enact: 

(242)  SECTION  1.     The  superintendent  of  public  instruc-  information 
tion  shall  establish  and  maintain  in  his  office  a  bureau  of  in-  estaSBsh- 
formation   wherein   teachers   desiring  employment   may   reg- ing  of- 
ister  and  file  such  papers  as  to  their  qualifications  as  they 

may  deem  fit,  and  wherein  school  officers  and  superintend- 
ents may  register  vacancies  in  their  respective  schools.    Each  Fee  for 
teacher  so  registering  shall  pay  a  fee  of  one  dollar  to  the  resist< 
superintendent    of    public    instruction,    which    fees   shall   be 
deposited  with  the  state  treasurer,  and  by  him  placed  to  the 
credit  of  the  general  fund. 

(243)  SEC.  2.     Such  information  as  is  contained  in  said  informa- 
bureau  shall  be  given  without  charge  to  all  school  officers, tlon  free> 
superintendents    and    teachers   who    may    ask    therefor,    but 
neither  the  superintendent  of  public  instruction  nor  any  one 
employed  in  his  office  shall  be  required  to  recommend  any 
teachers  for  positions. 


120 


GENERAL  SCHOOL  LAWS. 


Children  of 
certain  ages 
to  attend 
school. 


exceptions. 


COMPULSORY  EDUCATION. 

An  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
alties for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 

the  same. 

[Act   200,    1905,    repealing   Act   95,    189o.] 

The  People  of  the  State  of  Michigan  enact: 

(244)  SECTION  1.  Every  parent,  guardian  or  other  per- 
son in  the  state  of  Michigan  having  control  and  charge  of 
any  jchild  between  the  ages  of  seven  and  sixteen  years,  shall 
be  required  to  send  such  child  to  the  public  schools  during 
the  entire  school  year,  and  such  attendance  shall  be  continu- 
ous and  consecutive  for  the  school  year  fixed  by  the  district 
in  which  such  parent,  guardian,  or  other  person  in  parental 
relation  may  reside:  Provided,  That  in  the  following  cases 
children  shall  not  be  required  to  attend  the  public  schools: 

(a)  Any  child  who  is  being  taught  in  a  private  or  paroch- 
ial school  in  such  branches  as    are    usually    taught    in    the 
public  schools  to  children  of  corresponding  age,  or  who,  upon 
the  completion  of   the   work    in    such  schools,  shall  present 
satisfactory  evidence  to  the  county  commissioner  of  schools, 
and,  in  appropriate  cases,  to  the  superintendent  of  schools, 
that  he  has  completed  sufficient  school  work  to  entitle  him  to 
an  eighth  grade  diploma; 

(b)  Any  child  who  has  received  an  eighth  grade  diploma 
from  the  public  schools; 

(c)  Any  child  who  is  physically  unable  to  attend  school. 
If  the  truant  officer  is  notified  of  the  non-attendance  of  any 
child  at  school  and  he  shall  find  the  one  in  parental  control 
claiming  that  such    child    is    physically    unable    to    attend 
school,  the  truant  officer  may  secure  a  written  statement  of  a 
competent  physician,  certifying  that  such  child  is  physically 
unable  to  attend  school; 

(d)  Children  over  fourteen  years  of  age  whose  services 
are  essential  to  the  support  of  their  parents  may  be  excused 
by  the  county  commissioner  of  schools  or  city  superintendent 
of  schools  from  attendance  at  school  on  the  recommendation 
of  the  board  of  education  of  the  district  in  which  such  child 
ren  reside,  and  said  board  shall  certify  to  the  officers  herein 
mentioned  the  facts  in  all  such  cases; 

(e)  Children  under  nine  years  of  age,  whose  parents  do 
not  reside  within  two  and  one-half  miles,  by  the  nearest  trav- 
eled road,  of  some  public  school:     Provided,  That  if  trans- 
portation is  furnished  for  pupils  in  said  district  then  this 
exemption  shall  not  apply; 

(f)  Any  child  twelve  to  fourteen  years  of  age  while  in 
attendance  at  confirmation  classes  conducted  for  a  period  of 
not  to  exceed  five  months  in  either  of  said  years. 

Am.   1907,   Act  74. 

A  child  over  16  years  of  age  is  not   between  the  ages  of   7  and  16   years, 
and  as  to  construction  of  age  limit,  see  Jackson  v.   Mason,   145/338. 


GENERAL  SCHOOL  LAWS.  121 

(245)      SEC.  2.     The  sheriff  in  each  county  shall  select  a  Truant  offi- 
person  of  good  moral  character  to  act  as  truant  officer  for  the  ^'appoint, 
county.     The  person  so  selected  shall  file  with    the    county  TO  file 
clerk  his  acceptance  and  oath  of  office,  and  a  bond  in  theb(nd'etc' 
sum  of  one  thousand  dollars,  with  two  sufficient  sureties,  to 
be  approved  by   the   county  clerk.     The  person   so  selected  officer,  how 
shall    be    known    as    the    county    truant    officer,    and    he kl   wn'duty- 
shall  have  all  of  the  powers  of  a  deputy  sheriff,  and  he  shall 
perform  the  duties  of  truant  officer  in  all  school  districts  of 
the  county  when  directed  to  do  so  by  the  sheriff,  except  as 
hereinafter  provided:    Provided,  That  in  cities  having  a  duly  Proviso,  in 
organized  police  force  it  shall  be  the  duty    of    the    police  poifcSehforceg 
authorities,  at  the  request  of  the  board  of  education,  to  detail 
one  or  more  members  of  such  police  force  to  perform  the 
duties  of  the  truant  officer  in  such  city,  but  this  provision 
shall  not  be  construed  as  prohibiting  such  board  of  education 
from  appointing  any  citizen,  not  a  police  officer,  as  truant 
officer :    Provided  further,  That  in  graded  school  districts  the  Proviso,  in 
board  of  education  shall  have  authority  to  appoint  one  or  di?trfcdtsS.ch°o1 
more  truant  officers  and  fix  the  compensation  of  the  same, 
said  compensation  to  be  paid  by  the  district:    And  Provided  Further  pro- 
further,  That  in  all  townships  of  the  upper  peninsula  organ-  unit  district1111 
ized  as  township  unit  districts,  the  board  of  education  of  such  in  u- p- 
township  shall  have  authority  to  appoint  one  or  more  truant 
officers  for  said  township  and  fix  the  compensation  for  such 
service,  said  compensation  to  be  paid  from  the  proper  funds 
of  such  school  district.    For  all  townships  of  the  upper  penin- 
sula  not   organized    as   township   unit   districts   the   county 
truant  officer  appointed  as  herein  prescribed  shall  act :     Pro-  Proviso,  when 
vided,  That  if  in  any  graded  district  or  township  the  board 
of  education  does  not  appoint  a  truant  officer,  the  county 
truant  officer  shall   act  in  such   district  or  township.     The  Officers  to 
truant  officers  herein  provided  for  in  cities,  graded  school  dis-  whereTied', 
tricts   and  township  unit  districts  shall  give  bonds  to  the etc- 
board  of  education  in  the  sum  of  five  hundred  dollars,  said 
bonds  to  be  approved  by  the  board  of  education  and  filed  with 
said  board,  and  such  officers  shall  have,  within  their  juris- 
diction and  while  in  the  performance  of  the  duties  of  truant 
officer,  the  powers  of  a  deputy  sheriff.     The  compensation  of  Compensation, 
the  county  truant  officer  shall  be  three  dollars  per  day  for  how  paid> 
every  day  actually  engaged  in  the  discharge  of  his  duties  and 
actual  expenses,  and  all  bills  for  such  service  shall  be  certi- 
fied by  the  sheriff.   In  cities,  when  the  board  of  education  ap- 
points a  truant  officer  other  than  a  police  officer,  said  board 
shall  fix  the  compensation  for  such  truant  officer  and  pay 
such  officer  from  the  incidental  fund.    The  compensation  and 
actual  expenses  of  the  county  truant  officer  shall  be  allowed 
and  paid  in  the  same  manner  as  the  compensation  of  other 
county  officers  is  allowed  and  paid  by  the  county;  and  when 
the  police  authorities  detail  one  or  more  members  of  the  force 
as  truant  officers,  they  shall  receive  such  compensation  and 

16 


122 


GENERAL  SCHOOL  LAWS. 


Proviso. 


Census  list, 
etc.,  director 
to  furnish 
teacher. 


Duty  of 

teacher. 


Superintend- 
ent of  schools, 
when  and  by 
whom  furnish- 
ed census, 
duty. 


Truant  offi- 
cers, duty  of. 


Violation  a 
misdemeanor. 


actual  expenses  for  such  service  as  the  board  of  aldermen  or 
police  commission  may  determine,  and  be  paid  from  the  same 
fund  as  the  police  authorities  are  usually  paid:  Provided, 
That  this  act  shall  not  .be  so  construed  as  to  affect  any  exist- 
ing appointment. 

Am.  Id. 

(246)  SEC.  3.  (a)  It  shall  be  the  duty  of  the  school 
director  of  all  school  districts,  except  in  city,  graded  and 
township  districts,  to  provide  the  teacher,  at  the  commence- 
ment of  the  school,  with  a  copy  of  the  last  school  census,  to- 
gether with  the  name  and  address  of  the  persons  in  parental 
relation,  also  address  of  the  county  commissioner  of  schools. 
The  teacher  shall,  at  the  opening  of  school  and  at  such  other 
times  as  may  be  necessary,  compare  said  census  list  with  the 
enrollment  of  the  school  and  report  to  the  county  commis- 
sioner of  schools  the  names  of  the  parents  or  other  persons  in 
parental  relation  whose  children  of  the  ages  hereinbefore 
mentioned  are  not  in  regular  attendance  at  school,  also  the 
names  of  parents  or  other  persons  in  parental  relation  who 
have  children  of  school  age  not  included  in  such  census  and 
who  do  not  attend  school; 

(b)  In  all  city  graded  and  township  districts,  the  secre- 
tary of  the  board  of  education  shall,  at  the  commencement 
of  school,  furnish  a  copy  of  the  last  school   census  to  the 
superintendent   of   schools   in   such   city,   together   with   the 
name  and  address  of  the  truant  officer  under  whose  jurisdic- 
tion they  act,  and  it  shall    be   the    duty    of   said    superin- 
tendent, at  the  opening  of  school,  to  compare  said  census  list 
with  the  enrollment  of  the  school  or  schools  and,  from  time  to 
time,  as  it  may  be  necessary,  report  to  the  proper  truant 
officer  the  names  and  addresses  of  any  parents  or  other  per- 
sons in  parental  relation  whose  children  of  the  ages  herein 
before  mentioned  are  not  in  regular  attendance  at  the  public 
schools,  also  names  of  parents  or  others  in  parental  relation 
whose  children  are  not  in  school  and  whose  names  are  not  in- 
cluded in  such  census; 

(c)  It  shall  be  the  duty  of  the  truant  officer  of  the  city 
or  district,  whenever  notified  by  the  teacher,  superintendent 
or  other  person  or  persons  of  violations  of  this  act,  and  the 
county  truant  officer,  when  notified  by  the  commissioner  of 
schools,  to  investigate  all  such  cases  of  truancy  or  non-at- 
tendance at  school,  and  if  the  children  complained  of  are 
not  exempt  from  the  provisions  of  this  act  under  the  con- 
ditions named  in  section  one,  then  he  shall  immediately  pro- 
ceed as  is  provided  in  section  four  of  this  act; 

(d)  In  case  any  parent  or  other  person  in*  parental  re- 
lation shall  fail  to  comply  with  the  provisions  of  this  act 
he  shall  be  deemed  guilty  of  a  misdemeanor  and  shall,  on 
conviction  thereof,   be   fined  not   less  than   five  dollars  nor 
more  than  fifty  dollars,  or  imprisoned  in  the  county  or  city 


GENERAL  SCHOOL  LAWS.  123 

jail  for  not  less  than  two  nor  more  than  ninety  days ;  or  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Am.  Id. 

(247)     SEC.  4.     (a)     It  shall  be  the  duty  of  the  county  com-  Commissioner 
missioner  of  schools  to  furnish  the    truant    officer    of    the  dutyhof°ls' 
county,  at  the  opening  of  the  schools,  with  a  list  of  the  teach- 
ers  and  superintendents  employed  in   his  county  in  school 
districts  other  than  in  such  city  graded  and  township  dis- 
tricts as  are  described  in  section  two  of  this  act; 

(b)  In  case  any  parent  or  other  person  in  parental  rela-  Notice  to 
tion  shall  fail  to  send  the  child  or  children  under  his  or  her  parent- 
control  to  the  public  school,  the  truant  officer,  upon  having 
notice  from  proper  authority  of  such  fact,  shall  immediately 

and  within  twenty-four  hours  thereafter  give  formal  written 
notice  in  person  or  by  registered  mail,  to  the  parent  or  other 
person  in  parental  relation,  that  the  child  or  children  under 
his  or  her  control  shall  present  himself  or  themselves  at  the 
public  school,  except  as  hereinbefore  provided,   on  the  day 
following  the  receipt  of  such  notice,  with  the  necessary  text- 
books for  instruction  in  the  proper  school  or  schools  of  the 
district  or  city.     Said  notice  shall  inform  the  parent  or  other  Notice,  what 
person  in  parental  relation  of  the  date  that  attendance  must to 
begin  and  that  such  attendance  at  school  must  be  continuous 
and  consecutive  during  the  remainder  of  the  school  year  as 
taught  in  the  district.     The  truant  officer  shall,  at  the  same  Notice  to 
time  the  said  formal  notice  is  given  to  the  parent  or  per-  super?n-°r 
son  in  parental  relation,  notify  the  teacher  or  superintend  tendent. 
ent  or  commissioner  of  the  fact  of  notice,  and  it  shall  be 
the  duty  of  the  teacher  or  superintendent  or  commissioner  to 
notify  the  truant  officer  of  failure  on  the  part  of  the  parent 
or  other  person   in   parental   relation   to  comply  with   said 
notice ; 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  having  Truant 
given  the  formal  notice  hereinbefore  described,  to  determine  EJSy  of. 
whether  the  parent  or  other  person  in  parental  relation  has 
complied  with  the  notice,  and  in  case  of  failure  to  so  comply 

he   shall   immediately   and   within   three   days   afte'r   having 
knowledge   or    being    notified    thereof,    make    a    complaint  Complaint, 
against  said  parent  or  other  person  in  parental  relation  hav- 
ing the  legal  charge  and  control  of  such  child  or  children, 
before  any  justice  of  the  peace  in  the  city,  village  or  township 
where  such  party  resides,  or  in  an  adjoining  township  or  city 
in  such  county,  for  such  refusal  or  neglect  to  send  such  child 
or  children  to  school;   and  said  justice  of  the  peace  shall  warrant, 
issue  a  warrant  upon  said  complaint  and  shall  proceed  to 
hear  and  determine  the  same  in  the  same  manner  as  is  pro- 
vided by  statute  for  other  cases  under  his  jurisdiction,  and  in 
case  of  conviction  of  any  parent  or  other  person  in  parental  conviction, 
relation  for  violation  of  this  act,  said  parent  or  other  person 
in  parental  relation  shall  be  punished  according  to  the  pro- 


124 


GENERAL  SCHOOL  LAWS. 


Proviso, 

recorder's 

court. 


Assistance 

rendered 

officer. 


School  boards 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile  dis- 
orderly per- 
sons, who 
deemed. 


visions  of  section  three  of  this  act :  Provided,  That  in  cities 
having  a  recorder's  court  and  justices  of  the  peace,  the  truant 
officer  shall  make  the  aforesaid  complaint  before  the  magis- 
trate of  said  recorder's  court  or  before  a  justice  of  the  peace, 
and  said  magistrate  or  justice  shall  issue  a  warrant  and  pro- 
ceed to  hear  and  determine  the  case  in  the  same  manner  as 
is  provided  in  the  statute  for  other  cases  under  his  jurisdic- 
tion; 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend- 
ents, teachers  or  other  persons  to  render  such  assistance  and 
furnish  such  information  as  they  may  have  at  their  command 
to  aid  such  truant  officer  in  the  performance  of  his  official 
duty. 

Am.   1907,  Act  74  ;   1909,  Act  63. 

(248)  SEC.  5.    In  any  graded  or  city  district  in  this  state, 
the  school  board  or  officers  having  in  charge  the  schools  of 
such  districts  may  establish  one  or  more  ungraded  schools 
for  the  instruction  of  certain  children  as  defined  and  set  forth 
in  the  following  section.  They  may,  through  the  truant  officer 
and  superintendent  of  schools,  require  such  children  to  at- 
tend said  ungraded  schools,  or    any    department    of    their 
graded  schools,  as  said  board  of  education  may  direct. 

(249)  SEC.  6.     The  following  classes  of  persons  between 
and  including  the  ages  of  seven  and  sixteen  years  residing  in 
graded  school  districts  or  cities  as  described  in  section  five  of 
this  act  shall  be  deemed  juvenile  disorderly  persons  and  shall, 
in  the  judgment  of  the  proper  school  authorities,  be  assigned 
to  the  ungraded  school  or  schools  as  provided  in  section  five 
of  this  act:     Class  one,  habitual  truants  from  any  school  in 
which  they  are  enrolled  as  -pupils;  class  two,  children,  who, 
while  attending  any  school,  are  incorrigibly  turbulent,  dis- 
obedient or  insubordinate,  or  are  vicious  and  immoral  in  con- 
duct; class  three,  children  who  are  not  attending  any  school 
and  who  habitually  frequent  streets  and  other  public  places, 
having  no  lawful  business,  employment  or  occupation. 


An  Act  to  provide  for  the  compulsory  education  of  deaf  children. 

[Act    48,    1907.] 

The  People  of  the  State  of  Michigan  enact: 

when  children  (250)  SECTION  1.  Every  parent,  guardian  or  other  per- 
son  in  the  state  of  Michigan  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  seven  and  eighteen 
years,  and  who  by  reason  of  deafness  or  imperfect  hearing 
cannot  be  taught  successfully  in  the  public  schools,  shall  be 


GENERAL  SCHOOL  LAWS.  125 

required  to  send  such  child  or  children  to  a  day  school  for 
the  deaf,  the  Michigan  school  for  the  deaf,  located  at  Flint, 
or  to  such  other  school  for  the  deaf  as  the  said  parent,  guar- 
dian, or  other  person  in  parental  control,  prefers :  Provided,  Proviso. 
That  should  the  parent,  guardian  or  other  person  in  parental 
control  of  said  child  or  children  fail  to  meet  the  foregoing 
provision,  then  such  child  or  children  shall  be  sent  to  the 
Michigan  school  for  the  deaf,  located  at  Flint. 

(251)  SEC.  2.     In  cases  where  such  parent,  guardian  or  Transporta- 
other  person,  on  account  of  their  poverty,  are  unable  to  fur-  cSdfen.11  pc°r 
nish  such  child  or  children  with  transportation  to  and  from 

such  school,  the  board  of  trustees  of  the  Michigan  school  for 
the  deaf  shall  furnish  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  where  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor ;  and  any  such  sums  are  hereby  appropriated  SJ}3S^W 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund,  not  where™ 
otherwise  appropriated,  and  the  auditor  general  shall  charge  charged- 
all  such  moneys,  so  drawn,  to  the  county  of  which  such  par- 
ent, guardian  or  other  person  is  a  resident,  or  to  which  he  or 
she  belongs,  to  be  collected  and  returned  to  the  general  fund 
the  same  as  any  state  taxes  are  required  to  be  by  law. 

(252)  SEC.   3.     Act  number  two  hundred  of  the  public  Certain  act 
acts  of  nineteen  hundred  five,  entitled  "An  act  to  provide  to  apply' 
for  the  compulsory  education  of  children,  for  penalties  for 
failure  to  comply  with  the  provisions  of  this  act,  and  to  re- 
peal all  acts  or  parts  of  acts  conflicting  with  the  provisions  of 

the  same,"  shall  apply  in  the  execution  of  this  act,  and  the 
officers  mentioned  in  said  act  shall  be  required  to  report  all 
cases  of  deaf  children  residing  in  their  jurisdiction  to  the  su- 
perintendent of  the  Michigan  school  for  the  deaf,  and  they 
shall  enforce  this  act  in  the  same  manner  as  the  said  act 
number  two  hundred  of  nineteen  hundred  five  is  enforced. 
The  same  penalties  prescribed  for  violation  of  said  act  are  Penalties, 
hereby  prescribed  for  violation  of  this  act. 


An  Act  to  provide  for  the  maintenance,  supervision  and  government  of 
the  Michigan  school  for  the  blind,  and  to  repeal  all  acts  and  parts  of 
acts  inconsistent  herewith. 

[Extract   from  Act   123,   1893.] 

(253)     §  2015.     SEC.  7.     The  period  in  which  pupils  shall 
be  entitled  to  remain  in  said  school  shall  be  twelve  years,  or 
the  board  of  control  may,  in  cases  where  they  deem  it  advis- 
able, extend  such  time  to  fourteen  years.     This  section  shall     s™sai  and 
not  be  so  construed  as  to  prohibit  the  said  board  of  control 


126 


GENERAL  SCHOOL  LAWS. 


Duty  of 
secretary 
of  state. 


Census 
enumerator. 


List  of 
names  of 
blind  chil- 
dren, by 
whom  made, 
verified,  etc. 


To  whom 
forwarded . 


Duty  of  supt. 
public  in- 
struction. 


from  dismissing  any  pupil  within  the  such  period  for  per- 
sistent disobedience/  immoral  conduct,  or  other  sufficient 
cause,  neither  shall  anything  in  this  act  operate  to  prohibit 
the  transfer  of  any  child  over  the  age  of  eighteen  years  to 
the  Michigan  employment  institution  for  the  blind  upon  con- 
sent granted  by  the*  board  of  control  of  the  Michigan  school 
for  the  blind,  and  whenever,  in  the  discretion  of  said  board, 
the  transfer  of  any  such  child  will  be  for  its  best  interests  or 
the  best  interests  of  the  said  Michigan  school  for  the  blind. 

Am.  1907,  Act  116. 

(254)  §  2017.  SEC.  9.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  make  out  and  forward  to  the  superintendent 
of  the  Michigan  school  for  the  blind,  on  or  before  the  first 
day  of  November  in  each  year,  on  blanks  prepared  for  that 
purpose,  a  copy  in  detail  of  so  much  of  the  statistical  in- 
formation received  by  him  by  virtue  of  any  law  of  this  state 
as  relates  to  the  blind.  It  shall  be  the  duty  of  each  school 
census  enumerator  provided  for  in  the  general  school  laws 
of  the  state,  within  the  district,  ward,  or  portion  thereof,  al- 
lotted to  him,  to  procure  the  name,  age,  residence,  and  the 
name  and  residence  of  the  parents  or  guardians  or  persons  in 
control  or  in  charge  of  each  blind  child,  and  of  each  child 
whose  vision  is  so  defective  as  to  make  it  impossible  to  prop- 
erly educate  such  child  in  the  public  schools,  between  the 
ages  of  seven  and  nineteen  years. 

(a)  The  said  enumerators  in  addition  to  their  duties  now 
prescribed  in  the  general  school  laws  shall  make  a  list  of  the 
names  of  all  blind  children,  or  children  whose  vision  is  so 
defective  as  to  make  it  impossible  to  properly  educate  them 
in  the  public  schools,  together  with  the  data  herein  author- 
ized to  be  secured,  which  list  shall  be  verified  by  oath  or 
affirmation  of  the  person  taking  such  census,  by  affidavit 
appended  thereto,  or  inserted  thereon,  setting  forth  that  it 
is  a  correct  list  of  the  names  of  all  the  children  herein  desig- 
nated, residing  within  the  particular  school  district,  ward, 
or  portion  thereof.  Said  affidavit  may  be  made  before  the 
township  clerk  or  any  other  officer  authorized  by  law  to 
take  acknowledgments.  Blanks  for  this  purpose  shall  be 
furnished  by  tl\e  department  of  public  instruction  to  the  sec- 
retary of  every  school  board  within  the  state.  The  said 
list  shall,  after  it  has  been  properly  verified,  and  within  the 
time  prescribed  by  the  general  school  laws  for  the  filing  of 
census  lists,  be  forwarded  by  the  secretaries  of  the  said 
school  boards  to  the  superintendent  of  public  instruction  and 
a  copy^  thereof  shall  be  filed  with  the  proper  officer  of  the 
township  or  city,  as  the  case  may  be.  The  said  superintend- 
ent of  public  instruction  shall,  immediately  upon  receipt  of 
the  various  lists,  prepare  and  tabulate  a  report  containing 
the  name,  age  and  residence  of  each  blind  child,  and  each 
child  whose  vision  is  so  defective  as  to  make  it  impossible  for 


GENERAL    SCHOOL   LAWS.  127 

it  to  be  properly  educated  in  the  schools  for  the  seeing 
within  this  state,  together  with  the  names  and  residences  of 
the  parents,  guardian,  or  person  having  the  control  of  any 
such  child,  which  report  shall  be  forwarded  to  the  superin- 
tendent of  the  Michigan  school  for  the  blind. 

(b)  It  shall  be  the  duty  of  every  parent,  guardian,  or  when  children 
other  person,  having  control  or  charge  of  any  child  or  chil-  Michigan11 
dren  in  the  state  of  Michigan,  between  the  ages  of  seven  and  fJ-Uf1  for 
nineteen  years  who  are  blind,  or  whose  vision  is  so  defective 

as  to  make  it  impossible  to  have  them  properly  educated  in 
the  schools  for  the  seeing,  to  send  such  child,  or  children,  to 
the  Michigan  school   for  the  blind,  to  be  received   at  that 
school  in  accordance  with  the  provisions  of  the  statute,  and 
the  rules  and  regulations  which  are  or  may  be  prescribed  by 
the  board  of  control  of  said  school :    Provided,  That  the  par-  Proviso, 
ents,  guardian  or  person  having  control  of  any  such  child exceptl( 
shall  not  be  required  to  send  them  to  the  Michigan  school 
for  the  blind  when  they  come  within  any  one  of  the  follow- 
ing classes: 

(1)  Any  child  or  children  being  educated  in  any  private 
or  parochial  school ; 

(2)  Any  child  or  children  physically  or  mentally  incom- 
petent of  being  educated; 

(3)  Any  child  or  children  over  the  age  of  seventeen  years 
who  have  been  taught  and  are  employed  and  are  working  at 
a  trade; 

(4)  Any  child  or  children  of  the  age  of  eighteen  years  em- 
ployed at  the  Michigan  employment  institution  for  the  blind ; 

(c)  It  shall  be  the  duty  of  the  superintendent  of  the  Michi- 

gan  school  for  the  blind  to  furnish  to  the  county  commis-  of  school, 
sioner  of  schools  of  every  county,  and  to  the  secretary  of 
the  school  board  in  every  city  or  village,  a  list  of  the  names 
of  such  children  within  such  county,  city  or  village,  as  come 
within  the  provisions  of  this  act.   *Each  truant  officer  shall,  Truant 
when  notified  by  the  board  of  control,  or  by  the  superintend-  ° 
ent  of  the  Michigan  school  for  the  blind,  or  by  anyone  ap- 
pointed or  designated  by  them,  or  by  the  county  commis- 
sioner of  schools,  that  there  are  within  such  village,  city  or 
county,  as  the  case  may  be,  children  who  come  within  the 
provisions  of  this  act,  investigate  all  such  cases  and  report 
the  conditions  found  to  exist  to  the  superintendent  of  the 
Michigan    school    for   the   blind,   and   the   commissioners   of 
schools  of  the  county.     The  superintendent  of  the  Michigan 
school  for  the  blind  "shall,  upon  receipt  of  such  report  from  notify  ruant 
any   truant   officer,   determine  whether  or  not  the  children  officer. 
in  question  are  included  within  the  provisions  of  this  act, 
and  if  in  his  judgment  such  children  are  included  within 
the  provisions  of  this  act,  and  are  not  included  within  the 
exempted   classes  named  herein,  he  shall  notify  the  proper 
truant  officer,  who,  upon  receipt  of  such  notice,  shall  take  when  to  en- 
such  steps  against  the  parents,  guardian  or  other  person  hav- f 
ing  charge  or  control  of  any  such  child  or  children,  to  en- 


128 


GENERAL  SCHOOL  LAWS. 


Proceedings 
in  indigent 
cases. 


force  the  provisions  of  this  act,  as  are  now  prescribed  in  act 
two  hundred  of  the  public  acts  of  nineteen  hundred  five,  as 
amended,  relative  to  compulsory  education  under  the  general 
school  law. 

(d)  In  case  when  such  parent,  guardian  or  other  person, 
on  account  of  indigent  circumstances,  are  unable  to  furnish 
such  child  or  children  with  transportation  to  and  from  such 
school,  the  board  of  trustees  of  the  Michigan  school  for  the 
blind  shall  provide  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  when  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor,  and  any  such  sums  are  hereby  appropriated, 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund, 
not  otherwise  appropriated,   and  the   auditor  general   shall 
charge  all  such  moneys,  so  drawn,  to  the  county  of  which 
such  parent,  guardian  or  other  person  is  a  resident,  or  to 
which  he  or  she  shall  belong,  to  be  collected  and  returned 
to  the  general  fund,  the  same  as  any  state  taxes  are  required 
to  be  by  law. 

(e)  Anyone  refusing  to   comply   with   any   of   the   provi- 
sions of  this  act,  and  any  parent,  guardian  or  other  person 
who  shall  wilfully  refuse  to  send  any  children  coming  within 
the  provisions  of  this  act  and  not  herein  expressly  exempted, 
to  the  Michigan  school  for  the  blind,  or  who  shall  detain 
any   such    children    who   should    be    in    attendance    at    said 
school,  shall,  upon  conviction  by  any  court  of  competent  au- 
thority,  be  deemed  guilty  of  a   misdemeanor   and   shall   be 
subject  to  such  penalties  as  are  prescribed  in  said  act  two 
hundred  of  the  public    acts    of  nineteen    hundred    five    as 
amended  for  the  violation  of  any  of  its  provisions.     All  pro- 
visions of  said  act  two  hundred  of  the  public  acts  of  nine 
teen  hundred  five  are  made  applicable  hereto  except  in  so  far 
as  they  may  be  inconsistent  herewith. 


Penalty  for 
violation . 


Act  ap- 
plicable. 


Am.  Id. 


What  chil- 
dren deemed 
truants  or 
disorderly 
persons. 


MISCELLANEOUS  OFFENSES. 

An  Act  to  prevent  crime  and  to  punish  truancy. 

[Act   222,    1887.] 

The  People  of  the  State  of  Michigan  enact: 

(255)  §  11765.  SECTION  1.  That  every  boy  between  the 
age  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
ten  and  seventeen  years,  who  shall  frequent  or  be  found 
lounging  about  saloons,  disreputable  places,'  houses  of  ill 


GENERAL   SCHOOL  LAWS.  129 

fame,  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
family  who  [reside]  resides  in  any  house  of  ill'  fame,  or  con- 
duct any  other  disreputable  place,  or  wrho  shall  frequent 
other  rooms  or  places  where  dissolute  and  disreputable  people 
congregate,  or  where  intoxicating  liquors  are  kept  for  sale,  or 
who  shall,  against  the  command  of  his  or  her  parents  or 
guardian,  run  away  or  wilfully  absent  himself  or  herself 
from  the  school  he  or  she  is  attending,  or  from  any  house, 
office,  shop,  firm  or  other  place  where  he  or  she  is  residing  or 
legitimately  employed  writh  labor,  or  wrho  shall  against  such 
command  of  his  or  her  parents  or  guardian  or  for  any  im- 
moral, disorderly  or  dishonest  purposes  be  found  lounging 
upon  the  public  streets,  highways  or  other  public  resorts  or 
at  places  of  amusement  of  dissolute  or  improper  character,  or 
who  shall  against  any  such  command  or  for  any  [such]  dis- 
orderly or  dishonest  purposes  attend  any  public  dance,  skat- 
ing rink,  or  show  shall  be  deemed  guilty  as  a  truant  or  dis- 
orderly child. 

(256)      §  11766.     SEC.  2.     Upon  the  complaint  upon  oath  who  to  make 
and  in  writing  made  before  any  justice  of  the  peace,  police  comPlamt- 
justice  or  other  criminal  magistrate,  by  the  parent  or  guar- 
dian, or  other  person  knowing  of  the  facts  of  his  own  knowl- 
edge, that  any  girl  between  the  age  of  ten  and  seventeen 
years,  or  that  any  boy  between  the  age  of  ten  and  sixteen 
years,  or  by  the  supervisor  of  any  township,  or  mayor  of  any 
city,  or  president  of  any  village,  and  in  any  city  of  over  eight 
thousand  population  by  the  chief  of  police,  mayor,  or  other 
person  knowing  of  the  facts  of  his  own  knowledge,  that  such 
minor  has  been  guilty  of  any  of  the  acts  specified  in  section 
one  of  this  act,  such  justice  of  the  peace,  police  justice  or  Term  of 
other   criminal   magistrate,   shall   issue   a   warrant  for  the sentence- 
arrest  of  such  minor,  and  upon  conviction  such  minor,  if  a 
boy,  may  be  sentenced  by  such  justice  of  the  peace,  police  jus- 
tice or  criminal  magistrate,  to  the  industrial  school  for  boys 
at  Lansing,  and  if  a  girl,  to  the  industrial  home  for  girls  at 
Adrian,  boys  until  eighteen  years  of    age,    and    girls    until 
twenty-one  years  of  age,  unless  sooner  discharged  according 
to  law :     Provided,  That  no  person  or  persons  shall  be  sent  Proviso  as 
to  the  said  industrial  school  for  boys  or  to  the  industrial  0?  sentence! 
home  for  girls  until  the  sentence  therein  has  been  submitted 
to  and  approved  by  one  of  the  judges  of  the  recorder's  court 
of  the  city  of  Detroit,  or  judge  of  the  superior  court  of  the 
city  of  Grand  Rapids,  or  any  circuit  judge  or  probate  judge 
of  the  county  in  which  such  conviction  shall  be  had. 

Am.    1899,   Act   75. 

(257)      §  11767.     SEC.  3.     The  same  proceedings  shall  be  Proceedings 
had  upon  the  trial  of  any  person  charged  with  being  guilty  of  upon  trial- 
any  of  the  offenses  mentioned  in  section  one  of  this  act  before 
the  justice  before  whom  such  person  is  brought  as  are  had  in 
trials  for  misdemeanor,  as  far  as  the  same  are  applicable,  and 

17 


130 


GENERAL   SCHOOL   LAWS. 


Duty  of  the  state  agent  for  the  care  of  juvenile  offenders  of  the  county 

state  agent.     wiierein  such  'offenders  may  be  on  trial  shall  have  authority 

and  take  the  same  action  in  the  premises  as  is  provided  by 

act  number  one  hundred  and  seventy-one  of  the  session  laws 

of  eighteen  hundred  and  seventy-three  of  this  state. 


Parents,  etc., 
of  delinquent 
children,  re- 
sponsibility 
of,  penalty. 


Proviso  as  to 
suspension  of 
sentence. 


An  Act  to  provide  for  the  punishment  of  persons  responsible  for  or 
contributing  to  the  delinquency  of  children. 

[Act    314,    1907.] 

The  People  of  the  State  of  Michigan  enact: 

(258)  SECTION  1.  In  all  cases  where  any  child  shall  be  a 
delinquent  child,  or  a  juvenile  delinquent  person,  as  defined 
by  the  statutes  of  this  state,  the  parent  or  parents,  legal  guar- 
dian or  person  having  the  custody  of  such  child,  or  any  other 
person,  responsible  for  or  by  any  act  encouraging,  causing 
or 'contributing  to  the  delinquency  of  such  child  shall  be 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  thert 
of,  shall  be  punished  by  a  fine  not  exceeding  the  sum  of  one 
hundred  dollars  or  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  ninety  days,  or  both  such  fine  and  im- 
prisonment: Provided,  That  the  court  may,  in  its  discretion, 
suspend  sentence  upon  any  person  found  guilty  under  this 
act  upon  conditions  which  may  be  imposed  by  the  court  at 
the  time  of  the  suspension  of  such  sentence. 


An  Act  to  provide  for  the  protection  of  children. 

(From   this  act  only   such   portion  is  quoted  as   relates  directly   to  students 
in  sdiools.) 

[Act   260,    1881.] 

Minors  or  (259)      §  5554.     SEC.  2.     No  minor  child  under  seventeen 

permitted  ?nl  years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 
saloon,  etc.  private  or  parochial  school  in  the  state  of  Michigan,  shall  be 
permitted  to  remain  in  any  saloon,  bar  room  or  other  place 
where  any  spirituous  or  intoxicating  liquor,  or  any  wine  or 
beer,  or  any  beverage,  liquor  or  liquors  containing  any  spirit 
uous  or  intoxicating  liquor,  beer  or  malt  liquor  is  sold,  given 
away  or  furnished  for  a  beverage;  or  in  any  place  of  amuse- 
ment known  as  dance  houses,  concert  saloons,  variety 
theaters;  or  in  any  house  of  prostitution;  or  in  any  room  or 
hall  occupied  or  used  for  hire,  gain  or  reward,  for  the  pur- 
pose of  playing  billiards,  pool,  cards,  dice  or  any  other  un- 


GENERAL  SCHOOL  LAWS.  131 

lawful  game;  or  in  any  room  or  hall  used  or  occupied  for 
gaming,  pool-selling  or  betting  in  any  manner  whatever;  or 
in  any  room  or  hall  in  which  any  cigars  or  tobacco  are  sold 
or  kept  for  sale,  where  any  such  games  are  played.  Any  Misdemeanor. 
proprietor,  keeper  or  manager  of  any  such  place  who  shall 
permit  such  minor  child  or  minor  student  to  remain  in  any 
such  place,  and  any  person  who  shall  encourage  or  induce 
in  any  way  such  minor  child  or  minor  student  to  enter  such 
pkice  or  to  remain  therein  shall  be  deemed  guilty  of  a  mis 
demeanor,  and  on  conviction  thereof  shall  be  punished  by  a  Penalty. 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
ten  days  nor  more  than  thirty  days,  or  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court. 

Am.  1905,  Act  286;  1907,  Act  55;  1909,  Act  20.°,. 


EMPLOYMENT  OF  CHILDREN. 

[Extract  from  Act  285,   1909.] 

(260)      SEC.   10.     No  child   under  the   age  of  twenty-one  chiw  under  20 
years  shall  be  employed,  permitted  or  suffered  to  work  in  any  years  hquorfe- 
theater,  concert  hall  or  place  of  amusement  where  intoxicat- 
ing liquors  are  sold.     No  child  under  fourteen  years  of  age  Chad  under  14 
shall  be  employed,  permitted  or  suffered  to  work  in  or  in  pSh1bi?ed°.r 
connection    with    any    mercantile    institution,    store,    office, 
hotel,  laundry,  manufacturing  establishment,  mine,  bowling 
alley,  theater,  passenger  or  freight  elevator,  factory  or  work- 
shop, telegraph  or  messenger  service  within  this  state.     It  Regster  in 
shall  be  the  duty  of  every  mercantile  institution,  store,  office,  record  name, 
hotel,  laundry,  manufacturing  establishment,  mine,  bowling  age>  etc- 
alley,  theater,  workshop,  telegraph  or  messenger  service  or 
any  person  coming  within  the  provisions  of  this  act  to  keep 
a  register  in  which  will  be  recorded  the  name,  birth  place, 
age  and  place  of  residence  of  every  person  employed  under 
the  age  of  sixteen  years,  and  it  shall  be  unlawful  for  any  Permit,  un^ 
such  establishment  -or    person    to    hire  or  employ  any  child  without, 
under  the  age  of  sixteen  years  without  there  is  first  provided 
and  placed  on  file  in  the  business    office    thereof    a*   permit  who  may 
issued  by  the  superintendent  of  schools  of  the  school  district 1S! 
in  which  such  child  resides,  or  some  one  duly  authorized  by 
him  in  writing,  or  by  the  person  in  charge  of  any  state  em- 
ployment bureau,  each  of  whom  shall  have  power  to  admin- 
ister oaths  in  relation  1  hereto,  or  by  the  probate  judge  of  the 
county  or  the  judge  of  the  juvenile  court  of  the  city  wherein 
such  child  resides.    Such  permit  shall  be  returned  to  the  child  when 
upon   leaving   such   employ.     The  said   register  and   permit 
shall  be  produced  for  inspection  on  demand  of  any  factory 


132 


GENERAL   SCHOOL,   LAWS. 


Issue  of 
permit. 


School  report. 


Birth 

record, 

etc. 


Sworn  state- 
ment by  par- 
ent, etc. 


inspector  appointed  under  this  act;  no  fee  shall  be  charged 
for  such  permit  by  any  officer  by  whom  it  shall  be  issued. 
Liberty  of  Every  employer  complying  with  the  provisions  of  this  section 
shall  be  at  liberty  to  employ  the  person  so  presenting  the 
permit  hereinbefore  referred  to,  and  is  justified  in  consider- 
ing and  treating  such  person  as  of  the  age  shown  in  such 
permit  and  shall  not  be  liable,  if  it  transpire  that  such  person 
is  under  the  age  represented  in  such  permit,  to  any  greater 
extent  than  such  employer  would  be  liable  if  such  person 
were  of  the  age  represented.  The  person  authorized  to  issue 
such  permit  shall  not  issue  the  same  until  he  has  received, 
examined,  approved  and  filed  the  following  papers,  duly  ex- 
ecuted : 

(a)  The  school  report  of  said  child  properly  filled  out  and 
signed  as  hereinafter  provided; 

(b)  A  passport  or  duly  attested  transcript  of  the  record 
of  birth,  as  kept  by  any  duly  authorized  public  authority,  or 
a  record  of  baptism  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child; 

(c)  The  sworn  statement  showing  the  date  and  place  of 
birth  of  such  child  made  by  the  parent  or  guardian  or  by  the 
child  in  case  it  has  no  parent  or  guardian,  which  shall  be  re- 
quired, however,  only  in  case  the  above  mentioned  official  or 
religious  record  cannot  be  produced,  which  sworn  statement 
must  be  made  only  before  the  officer  issuing  the  permit,  and 
shall  be  accompanied  by  a  statement  as  to  date  and  place  of 
birth,  if  it  can  be  obtained,  signed  by  the  physician  or  mid- 
wife attending  at  such  birth; 

(d)  A  statement  by  the  issuing  officer  that  he  has  ex 
amined  said  child,  that  in  his  opinion  the  child  can  read  in- 
telligently and  write  legibly  simple  sentences  in  the  English 
language,  that  in  his  opinion  the  child  is  fourteen  years  of 
age  or  upwards,  and  has  reached  the  normal  development  of 
a  child  of  its  age  and  is  in  sound  health  and  physically  able 
to  perform  the  work  which  it  intends  to  do,  and  that  ^in  his 
opinion  the  services  of  the  child  are  essential  to  the  support 
of  itself  or  its  parents.     In  doubtful  cases  such  physical  fit- 
ness shall  be  determined  by  a  medical  officer  of  the  board  or 
department  of  health.     Every  such  permit  shall  be  signed  in 
the  presence  of  the  officer  issuing  the  same  by  the  child  in 
whose  name  it  is  issued;  and  shall  state  the  date  and  place 
of  birth  of  the  child,  and  describe  the  color  of  the  hair  and 
eyes,  the  height  and  weight  and  any   distinguishing  facial 
marks  of  such  child,  and  that  the  papers  required  by  the  pre- 
ceding section  have  been  duly  examined,  approved  and  filed, 
and  that  the  child  named  in  such  permit  has  appeared  before 
the  officer  signing  the  same  and  been  examined.    The  school 
record  required  by  this  article  shall  be  signed  by  the  princi- 
pal or  chief  executive  officer  of  the  school  which  such  child 
had  attended,  and  shall  be  furnished  on  demand  to  a  child 


Statement  by 
issuing  officer, 


Permit,  how 
signed,  what 
to  contain. 


School  record, 
how  signed. 


GENERAL  SCHOOL  LAWS.  133 

entitled  thereto.  It  shall  contain  a  statement  certifying  that  What  to 
the  child  has  regularly  attended  the  public  school  or  schools  contain- 
equivalent  thereto  or  parochial  schools  for  not  less  than  one 
hundred  days,  during  the  school  year  previous  to  his  arriv- 
ing at  the  age  of  fourteen  years,  or  during  the  year  previous 
to  applying  for  such  school  record,  and  is  able  to  read  intelli- 
gently and  write  legibly  simple  sentences  in  the  English 
language,  and  has  received  during  such  period  instructions 
in  reading,  writing,  spelling,  English  grammar  and  geogra- 
phy, and  is  familiar  Avith  the  fundamental  operations  of 
arithmetic  up  to  and  including  elementary  operations  in 
fractions.  Such  school  record  shall  also  give  the  age  and 
residence  of  the  child  as  shown  on  the  records  of  the  school, 
and  the  name  of  its  parent  or  guardian  or  custodian; 

(e)     Any  person  who  shall  make  a  false  statement,  tran-  False 
script,  passport,  school  certificate,  certificate  of  physical  fit- st 
ness,  school  record  or  any  other  writing  required  to  be  made 
or  filed  by  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  fine  of  not  Penalty, 
less  than  ten  nor  more  than  one  hundred  dollars  or  imprison- 
ment not  less  than  ten  days  nor  more  than  ninety  days,  or  by 
both  such   fine  and   imprisonment  in   the  discretion   of  the 
court. 


TEACHERS'  ASSOCIATIONS. 

An  Act  to  incorporate  teachers'  associations. 

[Act   1J7,  1855.] 
The  People  of  the  State  of  Michigan  enact: 

(261)  §  7730.     SECTION  1.     Any  fifteen  or  more  teachers,  Fifteen  or 

or  other  persons  residing  in  this  state,  who  shall  associate  for  mayeformChers 
the  purpose  of  promoting  education  and  science,  and  improve-  corporation, 
ments  in  the  theory  and  practice  of  teaching,  may  form  them- 
selves into  a   corporation,  under  such   name   as    they    may 
choose,   providing  they  shall   have  published  in  some  news-  Notice  to  be 
paper  printed  at  Lansing,  or  in  the  county  in  which  such pl 
association  is  to  be  located,  for  at  least  one  month  previous, 
a  notice  of  the  time,  place  and  purpose  of  the  meeting  for 
such  association,  and  shall  file  in  the  office  of  the  secretary  of 
state  a  copy  of  the  constitution  and  by-laws  of  said  associa- 
tion. 

(262)  §  7731.     SEC.  2.     Such  association  may  hold  and  May  hold 
possess   real   and   personal   property   to   the  amount  of  five pl 
thousand  dollars,  but  the  funds  or  property  thereof  shall  not  Restrictions 

upon  its  use. 


134 


GENERAL  SCHOOL  LAWS. 


be  used  for  any  other  purpose  than  the  legitimate  business  of 
the  association  in  securing  the  objects  of  its  corporation. 
Privileges  and  (263)  §  7732.  SEC.  3.  Upon  becoming  a  corporation,  as 
.  hereinbefore  provided,  they  shall  have  all  the  powers  and 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 
statutes  of  this  state,  so  far  as  such  provisions  shall  be  ap- 
plicable in  such  case,  and  not  inconsistent  with  the  provi- 
sions of  this  act. 

Chap.  55  referred  to  is  sections  8527-51,   C.   L.  1897. 


Public 


?undsher 


HOW  used. 


STATE  ACCOUNTS. 

An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 
[Act   131,    1875.] 

The  People  of  the  State  of  Michigan  enact: 

(264)  §  1197.     SECTION  1.     That  all  moneys  which  shall 
come  into  the  hands  of  any  officer  of  the  state,  or  of  any 
officer  of  any  county,  or  of  any  township,   school   district, 
highway  district,  city  or  village,  or  of  any  other  municipal  or 
public  corporation  within  this  state,  pursuant  to  any  pro- 
vision of  law  authorizing  such  officer  to  receive  the  same, 
shall  be  denominated  public  moneys  within  the  meaning  of 
this  act. 

See  Fire  and  Water  Commrs.  v.  Wilkinson,  119  /  659. 

As  to   county   treasurers,    see   Perley   v.    Muskegon    Co.,    32  /  132.      See   also 
section  2539,  C.  L.  1897,  and  notes. 

(265)  §  1198.     SEC.  2.    It  shall  be  the  duty  of  every  offi- 
cer  charged  with  the  receiving,  keeping,  or  disbursing  of  pub- 
^c  moneys  to  keep  the  same  separate  and  apart  from  his  own 
money,  and  he  shall  not  commingle  the  same  with  his  own 
money,  nor  with  the  money  of  any  other  person,  firm  or  cor- 
poration. 

(266)  §  1199.     SEC.  3.     No  such  officer  shall,  under  any 
pretext,  use,  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  other  than  in  accordance  with  the  provisions  of  law  ; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan 
the  same  to  any  person,  firm,  or  corporation  without  legal 
authority  so  to  do. 

(267)  §  120°-     Sfcc.  4.     In  all  cases  where  public  moneys 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned  to 
any  individual,  firm,  or  corporation,  for  interest,  the  interest 
accruing  upon  such  public  moneys  shall  belong  to  and  consti- 


GENERAL  SCHOOL  LA%S.  135 

tute  a  general  fund  of  the  state,  county,  or  other  public  or 
municipal  corporation,  as  the  case  may  be. 

(268)     §  1201.     SEC.  5.     In  no  case  shall  any  such  officer,  Officers  not  to 
directly  or  indirectly,  receive  any  pecuniary  or  valuable  con-  Jf£JItio°nfor 
sideration  as  an  inducement  for  the  deposit  of  any  public  Deposits  of 

•  j  i  i  •       i         -,        -,  money. 

moneys  with  any  particular  bank,  person,  firm,  or  corpora- 
tion. 

(260)      §  1202.     SEC.  6.     The  provisions  of  this  act  shall  Provisions 
apply  to  all  deputies  of  such  officer  or  officers,  and  to  all  aPPTy  to 
clerks,  agents,  and  servants  of  such  officer  or  officers.  deputies,  etc. 

(270)  §  1203.     SEC.  7.     Any  person  guilty  of  a  violation  Penalty  for 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  there-  plosions 
of,  be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  of  act. 

or  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court:  Provided,  That  nothing  in  this  act  contained  shall  Proviso, 
prevent  a  prosecution  under  the  general  statute  for  embezzle- 
ment in  cases  where  the  facts  warrant  a  prosecution  under 
such  general  statute. 

(271)  §  1204.     SEC.  8.     Any  officer  who  shall  wilfully  or  Penalty  for 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for  Se§oS*y" 
the  payment  of  money  in  excess  of  the  amount  authorized  by  raoney- 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 

guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 


REGULATIONS  RELATIVE  TO  DOGS  AND  SHEEP. 

(From   this    chapter   we   quote   only   the   section    relating   to   the  apportion- 
ment of  the  surplus  dog  tax  to  school  districts.) 

[Act    48,    1901.] 

(272)      SEC.   6.     At  the  annual   meeting  of  the  township  Damage 
board  in  each  year,  and  at  a  meeting  of  the  common  council  Semination 
of  each  city  in  April  of  each  year,  the  said  board  or  council,  of. etc- 
as  the  case  may  be,  shall  examine  all  certificates  of  damage 
filed  by  the  clerk  as  aforesaid,  during  the  preceding  year, 
and  if  satisfied  that  in  any  case  or  cases,  the  certified  dam- 
ages are  excessive,  they  may  reduce  the  same  to  such  amount 
as  they  may  deem  just,  and  may  order  the  payment  of  all 
such  loss  as  they  may  consider  just  out  of  the  fund  aforesaid, 
if  it  be  sufficient  for  that  purpose,  and  if  not  sufficient,  they 
may  order  a  proportionate  payment  of  each  claim.     If  the  Proportion- 
money  in  the  fund  aforesaid  shall  not  be  sufficient  to  pay  all  ol 
claims  in  full  the  balances  on  said  claims  remaining  unpaid 
shall  stand  as  claims  against  the  aforesaid  fund  at  the  sue 
ceeding  annual  meetings  of  said  board,  or  said  council,  as 
the  case  may  be,  until  said  claims  are  paid  in  full,  and  the 


136 


GENERAL  SCHOOL  LAWS. 


Apportion- 
ment of  ex- 
cess money. 


Amount 
may  retain. 


Proviso. 


claims  filed  each  year  shall  take  priority  over  claims  of  suc- 
ceeding years  until  they  have  been  paid  in  full,  those  claims 
of  each  year  being  paid  in  full  or  by  a  proportionate  pay- 
ment, as  the  state  of  said  fund  will  permit.  If  money  re- 
mains of  such  fund  after  satisfactory  payment  of  all  claims 
aforesaid  in  any  one  year,  over  and  above  the  sum  of  one  hun- 
dred dollars,  if  shall  be  apportioned  among  the  several  school 
districts  of  such  township  or  city  in  proportion  to  the  num- 
ber of  children  therein  of  school  age,  unless  the  township 
board  or  the  city  council  shall  determine  to  retain  an  amount 
of  such  money  so  remaining  not  to  exceed  three  hundred  dol- 
lars, in  which  case  only  the  amount  over  and  above  the  sum 
so  determined  shall  be  so  apportioned:  Provided,  That  no 
payment  of  loss  shall  be  made  as  provided  for  in  this  section, 
unless  the  party  applying  for  the  same  shall  make  it  appear 
to  the  satisfaction  of  the  township  board  or  common  coun- 
cil that  he  has  made  all  due  efforts  and  has  not  been  able 
to  obtain  satisfaction  therefor  from  the  owner  or  owners  of 
the  dog  or  dogs  which  shall  have  done  the  damage,  or  shall 
make  it  appear  that  he  is  unable  to  ascertain  who  are  the 
owners  or  who  is  the  owner  of  said  dog  or  dogs. 

Am.  1907,  Acts  43  and  331. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION :  The  apportionment  must  be  based  upon  the  whole  number  of  chil- 
dren of  school  age  residing  in  the  township,  and  include  all  districts  whether 
lying  wholly  or  partly  in  such  township.  In  case  of  a  fractional  district  in 
which  the  schoolhouse  is  situated  in  a  different  township,  the  money  be- 
longing to  such  district  must  be  paid  over  to  the  treasurer  of  the  township 
in  which  the  schoolhouse  is  situated,  and  by  that  treasurer  paid  to  the  dis- 
trict in  the  same  way  as  in  the  case  of  the  one-mill  end  other  taxes. 


STATE  BOARD  OF  EDUCATION. 

An  Act  to  revise  and  consolidate  the  laws  relative  to  the  state  board  of 

education. 


[Act   194,    1889.] 

The  People  of  the  State  of  Michigan  enact: 

TO  be  a  body  (273)  §  1812.  SECTION  1.  That  for  the  purpose  of  ren- 
dering more  efficient  their  organization,  and  to  enable  them 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu- 
tion relative  thereto,  the  state  board  of  education  shall  be 
en  hofd  prop"  an(^  ^^ie^  are  constituted  a  body  politic  and  corporate,  and 
school,  etcr.mal  are  hereby  empowered  to  purchase,  have,  hold,  possess  and  en- 
joy to  themselves  and  their  successors,  all  the  lands,  tene- 
ments, hereditaments,  goods,  chattels  and  effects  of  every 
kind  now  belonging  to  the  state  normal  school  or  that  may 
hereafter  be  acquired  by  the  same;  and  the  same  to  grant, 
alien,  invest,  sell  and  dispose  of;  to  sue  and  [to]  be  sued. 


GENERAL  SCHOOL  LAWS.  137 


plead  and  be  impleaded,  in  all  the  courts  in  this  state;  to 
have  and  to  use  a  seal,  and  the  same  to  change,  alter  and  re- 
new at  pleasure,  and  to  make  such  by-laws  and  regulations 
as  they  may  deem  proper  for  the  government  and  conduct  of 
said  [board]  and  for  the  transaction  of  its  business:  Pro- Proviso, 
vided,  The  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  state  or  of  the  United  States :  Provided  further,  That 
said  corporation  shall  be  subject  to  the  provisions  of  chapter 
fifty-five  of  the  revised  statutes  of  eighteen  hundred  and 
forty-six,  so  far  as  the  same  can  apply,  and  are  not  inconsist- 
ent with  the  provisions  of  this  act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  Chapter  230,  sections  8527-51, 
compiled  laws  1897.  See  acts  138  and  178  of  1849,  establishing  a  state 
normal  school. 

(274)  §  1813.     SEC.  2.     Said  board  shall  have  power  to  Power  of 
transact  all  necessary  business  at  any  meeting,  a  quorum  be 

ing  present.     Said  board  shall  make  and  provide  such  by- 
laws and  regulations  for  the  conduct  of  its  business  as  it 
shall  deem  proper.    A  quorum  of  said  board  shall  consist  of  a  Quorum, 
majority  of  its  members.     All  processes  against  said  board  Processes, 
of  education  shall  be  served  on  the  president  or  secretary 
thereof. 

(275)  §  1814.     SEC.  3.     The  state  board    of    education  Of  the 
shall  continue  the  normal  school  at  Ypsilanti  in  the  county  of  "^Jof1 
Washtenaw,  where  it  is  now  located.     The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
teaching,  and  in  all  the  various  branches  pertaining  to  the 
public  schools  of  the  state   of    Michigan:      Provided,    There  Proviso, 
shall  be  prescribed  for  said  school  a  course  of  study  intended 
specially  to   prepare  students  for  the  rural  and  the  elementary 
[graded]   schools  of  the  state,  which  shall  provide  not  less 
than   twenty   weeks   of  special   professional   instruction. 

(276)  §  1815.    SEC.  4.    No  member    of  said  board  of  edu-  Members  not 
cation  shall,  during  his  continuance  in  office,  act  as  the  agent  i^t  for 
of  any  publisher  or  publishers  of  school  books  or  school  li-  e\ucblishers' 
brary  books,  or  be  or  become  interested  in  the  publication  or 

sale  of  any  such  book  or  books  as  agent  or  otherwise. 

(277)  §  1816.     SEC.  5.     Said  board  shall  provide  all  nee-  Course  of 
essary  courses  of  study  to  be  pursued  in  the  normal  school  jng  Schoo?,m~ 
and  establish  and  maintain  in  connection  therewith  a  fully  etc- 
equipped  training  school  as  a  school  of  observation  and  prac- 
tice, and  shall  grant,  upon  the  completion  of  either  of  said 
courses,  such  diploma  as  it  may  deem  best,  and  such  diploma 

when  granted  shall  carry  with  it  such  honors  as  the  extent 
of  the  course  for  which  the  diploma  is  given  may  warrant  and 
said  board  of  education  may  direct. 

(278)  §  1817.    SEC.  6.    Upon  the  completion  of  the  course  certificate  to 
specially   prescribed  as  hereinbefore  provided  for  the  rural 

and  elementary  graded  schools,  said  board  of  education  shall,  of,  etc. 
upon  the  recommendation  of  the  principal  and  a  majority  of 

18 


138 


GENERAL  SCHOOL  LAWS. 


Proviso. 


Life  certifi- 
cates, when 
granted,  etc. 


May  be 
revoked. 


Admission 
of  pupils. 

Proviso. 


To  appoint 
visitors,  re- 
port of,  etc. 


Proviso. 


Report  of 
board,  con- 
tents of,  etc. 


the  heads  of  the  departments  of  said  school,  grant  a  certifi- 
cate which  shall  be  signed  by  said  board  and  the  principal  of 
the  normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which 
said  course  has  been  provided  for  a  period  of  five  years:  Pro- 
vided, That  said  certificate  may  be  suspended  or  revoked  by 
said  state  board  of  education  upon  cause  shown  by  any 
county  board  of  examination,  or  by  any  board  of  school 
officers. 

(279)  §  1818.     SEC.  7.     Upon  the  completion  of  either  of 
the  advanced  courses  of  study  prescribed  by  said  state  board, 
which  shall  require  not  less  than  four  years  for  their  com- 
pletion, said  board  of  education,  upon  the  recommendation  of 
the  principal  and  a  majority  of  the  heads  of  the  departments 
of  said  school,  shall  issue  a  certificate  to  the  person  complet- 
ing said  course,  which  certificate  shall  be  referred  to  in  the  di- 
ploma hereinbefore  provided  to  be  granted.     Said  certificate 
shall  set  forth  a  list  of  the  studies  of  the  course  completed 
and,  when  given,  shall  operate  as  a  life  certificate,  unless  re 
voked  by  said  state  board  of  education. 

(280)  §  1819.     SEC.  8.     The    board    of    education    shall 
make  such  regulations  for  the  admission  of  pupils  to  said 
school  as  it  shall  deem  necessary  and  proper:    Provided,  That 
the  applicant  shall,  before  admission,  sign  a  declaration  of 
intention  to  teach  in  the  schools  in  this  state. 

(281)  §  1820.     SEC.  9.     Said  board  of  education  shall  ap- 
point each  year  three  visitors  whose  duty  it  shall  be  to  ex- 
amine thoroughly  into  the  affairs  of  the  normal  school  and  re- 
port their  views  with  regard  to  its  condition  and  any  other 
matters  they  may  judge  expedient,  to  the  said  board  of  educa- 
tion, which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  herein- 
after provided.     Said  visitors  shall  receive  two  dollars  per 
day  for  time  actually  spent  in  visitation  and  also  their  actual 
traveling  expenses,  to  be  paid  out  of  the  funds  of  said  board : 
Provided,  That  not  more  than  two  visits  shall  be  made  by 
any  board  of  visitors. 

(282)  §  1821.     SEC.   10.     Said  board  of  education  shall 
make  to  the  legislature,  at  every  regular  session  thereof,  a  re- 
port setting  forth: 

First,    The  work  done  by  the  school  since  the  last  report; 

Second,  The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board ;  and 

Fourth,  A  financial  statement,  showing  in  detail  the 
moneys  received  and  expended,  with  an  itemized  statement 
of  receipts  and  expenditures,  as  hear  as  may  be. 


GENERAL  SCHOOL  LAWS.  139 

(283)  §  1822.    SEC.  11.    The  board  shall  elect  a  treasurer,  Treasurer,  how 
who  shall  furnish  bonds  with  two  sureties,  or  a  surety  bond  Im^imt;  of°nd> 
from  any  surety  company  authorized  by  the  laws  of  this  state 

to  execute  same,  in  the  penal  sum  of  not  less  than  forty 

thousand  dollars,  conditioned  for  the  faithful   discharge  of 

his  duties.     Whenever  the  treasurer  shall  furnish  a  surety  Cost  of  bond. 

bond  which  shall  be  approved  by  the  board,  the  cost  thereof 

not  exceeding  one-half  per  centum  per  annum  shall  be  paid 

out  of  the  treasury  of  the  state  of  Michigan  upon  the  warrant 

of  the  proper  officer  after  being  first  allowed  by  the  board  of 

state  auditors.     Such  treasurer  shall  receive  such  compensa-  Compensation. 

tion  as  to  the  board  may  seem  just. 

Am.   1909,   Act  224. 

(284)  §  1823.     SEC.  12.     The  ten  sections  of  salt  spring  Lands  appro- 
lands  located  by  the  board  of  education  under  the  provisions  Su^^ 
of  sections  fifteen  and  sixteen  of  "An  act  to  establish  a  state 
normal  school/'  approved  March  twenty-eighth,  eighteen  hun- 
dred and  forty-nine,  together  with  the  fifteen  sections  of  said 

salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any 
portion  of  said  land,  to  which  the  title  may  prove  insufficient, 
and  all  donations,  in  land  or  otherwise,  to  the  state  in  trust 
or  to  the  board  of  education  for  the  support  of  a  normal 
school,  shall  constitute  a  fund  to  be  called  the  normal  school 
endowment  fund,  and  shall  be  reserved  from  sale  until  the 
same  shall  be  appraised.  The  minimum  price  of  said  lands  Minimum 
shall  be  four  dollars  per  acre,  and  it  shall  be  the  duty  of  the 
officer  authorized  to  sell  said  lands,  to  cause  the  same  to  be 
appraised  as  soon  as  practicable,  in  the  manner  provided  for 
the  appraisal  of  other  lands;  none  of  said  lands  shall  be  sold 
for  less  than  the  minimum  price  fixed  by  law.  It  shall  not  be 
necessary  to  appraise  any  of  said  lands  which  have  hereto- 
fore been  appraised  under  existing  provisions  of  law;  and 
the  proceeds  of  sales  of  any  of  said  lands  heretofore  ap- 
praised and  sold  shall  constitute  a  part  of  the  fund  herein 
provided.  After  such  appraisal,  such  land  shall  be  and  re- 
main subject  to  sale  at  the  state  land  office  as  is  now,  or 
shall  be  hereafter,  provided  by  law,  and  the  principal  shall  be 
and  remain  a  perpetual  fund  for  the  use  of  said  institution, 
except  as  herein  provided.  The  installments  of  principal  paid 
by  the  purchasers  shall  be  paid  into  the  state  treasury,  and 
the  interest  thereon  from  the  time  of  its  receipt,  or  from  the 
time  of  the  preceding  computation  of  interest  as  the  same 
may  be,  shall  be  computed  by  the  auditor  general  and  the 
state  treasurer  at  the  close  of  each  fiscal  year,  at  the  rate  of 
six  per  cent  per  annum,  and  together  with  all  interest  paid 
by  purchasers  of  said  lands,  shall  be  passed  to  the  credit  of 
the  normal  school  interest  fund. 


140 


GENERAL  SCHOOL  LAWS. 


Board  to  have 
control  of 
funds,  etc. 


Proviso. 


Compensation 
of  board. 


Meetings 
of  board 
to  grant 
certificates. 


Certificate. 


Proviso,  in- 
dorsement of 
certain  cer- 
tificates. 


(285)  §  1824.  SEC.  13.  The  normal  school  interest  fund, 
and  any  moneys  which  may  be  from  time  to  time  appropri- 
ated for  the  purposes  of  the  said  normal  school,  shall  be 
under  the  direction  and  control  of  said  state  board  of  educa- 
tion, subject  to  the  provisions  herein  contained,  and  shall  be 
paid  to  the  treasurer  of  said  board  from  time  to  time  by  the 
state  treasurer  on  the  warrant  of  the  auditor  general  drawn 
upon  the  certificate  of  the  president  and  secretary  of  said 
board  of  education  that  said  money  is  needed.  No  such  war- 
rant shall  be  given  except  on  accounts  audited  and  allowed 
by  said  board,  covering  as  [nearly]  near  as  may  be  the 
amounts  previously  furnished:  Provided,  That  said  board, 
for  the  months  of  January,  February  and  March,  in  the  years 
in  which  the  regular  sessions  of  the  legislature  are  held,  shall 
draw  money  for  current  expenses  as  provided  in  section  four 
hundred  and  nineteen  of  Howell's  annotated  statutes. 

(280)  §  1825.  SEC.  14.  The  members  of  the  state  board 
of  education  shall  receive  three  dollars  per  day  for  their 
actual  services,  and  also  their  necessary  traveling  and  other 
expenses,  to  be  paid  by  the  state  treasurer  out  of  the  general 
funds  in  the  manner  already  provided  by  law  for  the  payment 
of  the  accounts  of  boards  of  state  institutions. 

(287)  §  1826.  SEC.  15.  Said  board  shall  hold  at  least 
two  meetings  each  year,  at  which  they  shall  examine  teach- 
ers, and  shall  grant  certificates  to  such  as  have  taught  in  the 
schools  of  the  state  at  least  two  years  and  who  shall,  upon 
a  thorough  and  critical  examination  in  every  study  required 
for  such  certificate,  be  found  to  possess  eminent  scholarship, 
ability  and  good  moral  character.  Such  certificate  shall  be 
signed  by  the  members  of  said  board,  and  be  impressed  with 
its  seal,  and  shall  entitle  the'  holder  to  teach  in  any  of  the 
public  schools  of  this  state  without  further  examination,  and 
shall  be  valid  for  life  unless  revoked  by  said  board.  No  cer- 
tificate shall  be  granted  except  upon  the  examination  herein 
prescribed  :  Provided,  That  the  said  state  board  of  education 
may,  in  its  discretion,  indorse  state  teachers'  certificates, 
granted  upon  examinations,  normal  school  diplomas  or  cer- 
tificates, or  other  state  certificates  granted  in  other  states, 
if  it  be  shown  to  the  satisfaction  of  said  board  that  such  cer- 
tificates are  for  life  and  that  the  examinations  required  or 
courses  of  study  pursued  are  fully  equal  to  the  requirements 
of  this  state. 

Am.    1907,  Act  125. 


S  1827.     SEC.  16.    The  said  board  shall  examine  all 
duty  of  board  text-books  in  physiology  and  hygiene  offered  for  use  in  the 
theret?.          public  schools  of  this  state,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be  de- 
voted to  the  consideration  of  the  nature  and  effects  of  al- 
coholic drinks  and  narcotics,  as  provided  in  act  one  hundred 
and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 


GENERAL  SCHOOL  LAWS.  141 

eighty-seven.  It  shall  also  be  the  duty  of  said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  state 
such  specimens  of  copper,  iron  and  other  ores  and  rocks  pre- 
scribed for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compilers  section  eight  hundred  and 
forty-one  of  HowelFs  annotated  statutes. 

The  act  of  1887  referred  to  is  Act  165  instead  of  164.  It  amends  section 
15,  Ch.  3  of  the  general  laws  of  1881  relative  to  public  instruction  and  will 
be  found  in  section  61  of  this  compilation. 

(289)  §  1828.     SEC.  17.     All  insurance  moneys  or  means  Disposition 
collected,  received  or  made  available  at  any  time,  from  poli- 

cies  of  insurance,  or  by  reason  of  insurance  policies  upon  the 
said  normal  school  buildings  and  property  shall  be  and  the 
same  are  hereby  designated  and  set  apart  as  a  fund  or  means 
for  rebuilding  and  refurnishing  the  said  buildings. 

(290)  §  1828a.     SEC.  18.     Any  person  holding  a  certifi-  Certificate 
cate  issued  or  approved  by  the  authority  of  the  state  board  of  county  <x>m- 
education,  desiring  to  teach  in  any  school  under  the  jurisdic-  missioner- 
tion  of  a  county  commissioner  of  schools  shall  file  the  said 
certificate,  or  a  copy  of  the  same,  in  the  office  of  the  commis- 
sioner of  schools  in  the  county  in  which  he  or  she  desires  to 

teach. 

Added    1901,    Act    1",. 


NORMAL  SCHOOLS. 

An  Act  to  establish  a  normal  school  in  central  Michigan. 
[Act   261,   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(291)  §  1829.     SECTION  1.     That  a  normal  school  for  the  Central 
preparation  and  training  of  persons  for  teaching  in  the  rural  ?cnooi°e£a 
district  schools,  and  the  primary  departments  of  the  graded  tablisned- 
schools  of  the  state,  to  be  known  as  "Central  Michigan  Nor- 
mal School,"  be  established  and  continued  at    the    city    of 
Mount  Pleasant  in  Isabella  county,  to  be  located  upon  block 

ten  of  the  normal  school  addition  to  said  city,  known  as  "nor- 
mal campus,"  and  being  a  block  of  land  in  area  between  eight 
and  ten  acres. 

(292)  §  1830.     SEC.  2.     The  state  board  of  education  is  state  board 
hereby  authorized  and  directed  to  procure  a  good  and  suf-  to  proc5re°n 
ficient  deed  of  conveyance,  to  be  accompanied  with  abstract 

of  title  and  tax  history,  to  be  approved  by  the  attorney  gen- 
eral, conveying  to  the  said  board  of  education  and  its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 


142 


GENERAL  SCHOOL  LAWS. 


article  of  sale  of  all  the  library,  school  furniture  and  ap- 
paratus therein,  said  lauds  and  buildings  and  personal  prop- 
erty to  be  donated  to  the  state  of  Michigan,  in  consideration 
of  the  establishment  of  said  school,  and  to  be  conveyed  within 
thirty  days  after  the  passage  of  this  act. 

(293)  §  1831.  SEC.  3.  Said  school  shall  be  under  and 
subject  to  the  control  of  the  state  board  of  education,  accord- 
ing to  the  provisions  of  act  number  one  hundred  ninety-four 
of  the  public  acts  of  eighteen  hundred  and  eighty-nine,  of 
Michigan,  entitled  "An  act  to  revise  and  consolidate  the 
laws  relative  to  the  state  board  of  education,  and  amend- 
ments thereto,"  which  is  made  applicable  to  this  school,  ex- 
cept as  herein  otherwise  provided. 


Schools  to   be 
under  control 
of  state 
board  of 
education. 


The  act  referred  to  immediately  precedes  this.     See  sections  273-290. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School" 
to  "Michigan  State  Normal  College." 

[Act    52,    1899.] 

The  People  of  the  State  of  Michigan  enact: 

gf°f  (%$&)     SECTION  1.     The  institution  now  known  and  desig- 

school  nated  under  the  name  and  style  of  "Michigan  State  Normal 
gchoop'  g^all  hereafter  be  known  as  the  "Michigan  State  Nor- 
mal College." 

Sec.  2,  repealing  clause. 


at  Ypsiianti. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  state, 
and  to  make  ah  appropriation  for  the  same. 


Name  of 
school. 

Purpose. 


Selection 
of  site. 


Area  and 
location. 


[Act    51,    1899.] 

The  People  of  the  State  of  Michigan  enact: 

(295)  SECTION  1.    That  a  normal  school  shall  be  located 
at  Marquette,  to  be  known  as  the  Northern   State  Normal 
School,  for  the  purpose  of  instructing  persons  in  the  several 
branches  pertaining  to  a  public  school  education,  and  in  the 
science  and  the  art  of  teaching  the  same. 

(296)  SEC.  2.     The    state    board  of  education  is  hereby 
authorized  to  procure  a  suitable  site  for    the    grounds    and 
buildings  for  said  normal  school,  which  site  shall  consist  of 
at  least  twenty  acres  of  land,  located  within  one  and  one-half 
males  of  the  present  location  of  the  postoffice  in  said  city  of 


GENERAL  SCHOOL  LAWS.  143 

Marquette.  Said  state  board  of  education  shall  pay  for  such 
site  a  sum  not  exceeding  one  dollar,  which  sum  is  hereby  ap- 
propriated for  the  use  of  said  state  board  of  education  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated,  to 
be  drawn  on  the  requisition  of  said  state  board  of  education 
and  the  warrant  of  the  auditor  general,  as  the  moneys  and 
appropriations  are  drawn.  Said  state  board  of  education  Deed  or  con- 
shall  procure  good  and  sufficient  deed  or  conveyance  of  such  *eyar 
site  and  grounds,  and  have  the  title  for  the  same  duly 
recorded.  When  so  recorded,  the  said  deed  of  conveyance, 
with  an  abstract  of  title  showing  a  clear  and  uuincumbered 
title,  and  all  papers  relating  thereto  shall  be  deposited  in 
the  office  of  the  auditor  general. 

Sections  3,   4   and   5   provided  appropriations  for  buildings  and  maintenance 
of  the    school. 

(297)  SEC.  6.  The  said  northern  state  normal  school  Control  of 
shall  be  under  and  subject  to  the  control  of  the  state  board  of  schoel- 
education,  according  to  the  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred 
and  eighty-nine,  entitled  "An  act  to  revise  and  consolidate 
the  laws  relative  to  the  state  board  of  education,  and  amend- 
ments thereto,  also  according  to  the  provisions  of  act  num- 
ber one  hundred  and  seventy-five  of  the  public  acts  of  eight- 
een hundred  and  ninety-seven,  entitled  "An  act  to  fix  the  re- 
lation of  the  existing  normal  schools  of  the  state,"  which 
laws  are  made  applicable  to  the  school,  except  as  herein 
otherwise  provided. 


An  Act  to  provide  for  the  locating,  establishing  and  maintaining  of  a 
state  normal  school  in  the  western  part  of  the  state,  to  make  ap- 
propriations therefor  and  to  provide  a  tax  to  meet  the  same. 

[Act    156,    1903.] 

The  People  of  the  State  of  Michigan  enact: 

(298)  SECTION  1.    A  state  normal  school  shall  be  located,  Name,  etc. 
established  and  maintained  in  the  western  part  of  the  state, 

at  such  place  as  the  state  board  of  education  shall  designate,  » 

to  be  known  as  the  "Western  State  Normal  School,"  for  the 
preparation  and  training  of  persons  for  teaching  in  the  rural 
district  schools,  and  the  primary  departments  of  the  graded 
schools  of  the  state. 

(299)  SEC.   2.     The  state  board  of  education   is  hereby  site,  how  and 
authorized  and  directed  to  procure  a  suitable  site  of  not  less 

than  twenty  acres  for  the  building  and  grounds  for  said  nor- 
mal school.  Said  state  board  of  education  shall  pay  for  such 


144 


GENERAL  SCHOOL  LAWS. 


site  a  sum  not  exceeding  one  dollar,  to  be  drawn  on  the 
requisition  of  said  state  board  of  education,  and  the  warrant 
of  the  auditor  general,  as  other  moneys  and  appropriations 
are  drawn.  Said  state  board  of  education  shall  procure  good 
and  sufficient  deed  of  conveyance,  with  an  abstract  of  the 
title  thereto,  showing  a  clear  and  unencumbered  title,  and  all 
papers  relating  thereto  shall  be  deposited  in  the  office  of  the 
auditor  general.  The  sum  of  one  dollar  is  hereby  appropri- 
ated for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred four,  for  the  purpose  of  carrying  out  the  provisions  of 
this  section. 

-- ^T"- 

Sections   3    and    4    provided    appropriations    for    buildings    and    maintenance 
of  school. 


School, 
how  con- 
trolled, etc. 


(300)  SEC.  5.  The  said  western  state  normal  school 
shall  be  under  and  subject  to  the  control  of  the  state  board 
of  education,  according  to  provisions  of  act  number  one  hun- 
dred ninety-four  of  the  public  acts  of  eighteen  hundred 
eighty-nine,  entitled  "An  act  to  revise  and  consolidate  the 
laws  relative  to  the  state  board  of  education,"  and  amend- 
ments thereto;  also  according  to  the  provisions  of  act  number 
one  hundred  seventy-five  of  the  public  acts  of  eighteen  hun- 
.dred  ninety-seven,  entitled  "An  act  to  fix  the  relations  of  the 
existing  normal  schools  of  the  state/'  which  laws  are  made 
applicable  to  the  school  hereby  established  except  as  herein 
otherwise  provided. 

Sections  G  and  7  prescribed  manner  of  payment  of  appropriations,  and  tax 
clause. 


An.  Act  to  authorize  and  require  the  state  board  of  education  to  pre- 
scribe courses  of  study,  issue  licenses  and  certificates  and  grant 
diplomas  and  degrees  in  connection  with  the  several  state  normal 
schools  of  the  state,  and  to  repeal  all  acts  and  parts  of  acts  in  any 
way  contravening  the  provisions  of  this  act. 


Powers  of 
board. 


Proviso. 


[Act   202,   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(301)  SECTION  1.  The  state  board  of  education  is  here- 
by authorized  and  required  to  prescribe  the  courses  of  study 
for  students,  to  grant  such  diplomas  and  degrees  and  issue 
such  licenses  and  certificates  to  graduates  of  the  several  nor- 
mal schools  of  the  state  as  said  state  board  of  education  shall 
determine:  Provided,  That  there  shall  always  be  maintained 
in  the  central  Michigan  and  western  normal  schools  a  de- 
partment "especially  for  the  education  and  training  of  teach- 
ers for  the  rural  schools  of  the  state. 

NOTE.— The  foregoing  act  in  effect  repeals  Act  175  of  1897.  which  was  an 
fniV. aU  if°m  £g  Pe  state  board  of  education  to  grant  certificates  and  main- 
tain uniformity  in  courses  of  study  in  the  normal  schools. 


GENERAL  SCHOOL  LAWS.  145 


LOAN  FUNDS  FOR  THE  BENEFIT  OF  STUDENTS. 

An  Act  to  provide  for  the  incorporation  of  associations  for  the  pur- 
pose of  establishing  loan-funds  for  the  benefit  of  school  scholars 
and  students  of  this  state,  to  assist  them  to  attend  the  university 
of  Michigan,  the  state  normal  college  at  Ypsilanti,  the  central 
Michigan  normal  school  at  Mt.  Pleasant,  the  Michigan  state  agri- 
cultural college  at  Lansing,  the  college  of  mines  at  Houghton,  or 
the  manual  training  schools  of  this  state. 

[Act    250,    1899.] 

The  People  of  the  State  of  Michigan  enact: 

(302)  SECTION  1.     Any  five  or  more  persons  of  full  age  Number 
residing  in  the  state  of  Michigan  may  associate  and  incorpo-  incorporate. 
rate  themselves  together  for  the  purpose  of  establishing  loan- 
funds  for  the  benefit  of  school  scholars  and  students  of  this 

state,  to  assist  them  to  attend  the  university  of  Michigan,  the 
state  normal  college  at  Ypsilanti,  the  central  Michigan  nor- 
mal school  at  Mt.  Pleasant,  the  Michigan  state  agricultural 
college  at  Lansing,  the  Michigan  college  of  mines,  or  the 
manual  training  schools  of  this  state. 

(303)  SEC.  2.     Articles  of  association  shall  be  executed  Manner  of  in- 
in   duplicate,   by   the   persons   so   associating   themselves   to- corpor 
gether  in  the    first   instance,    and  shall  be  acknowledged  bty 

them  before  some  person  authorized  by  the  laws  of  this  state 
to  take  acknowledgments  of  deeds,  one  of  which  duplicates 
shall  be  filed  and  recorded  in  the  office  of  the  secretary  of 
state,  and  a  record  shall  be  made  of  such  articles,  and  a  certi- 
fied copy  thereof  filed  in  the  clerk's  office  in  the  county  where 
such  society  is  formed.  Thereupon  the  persons  so  executing 
said  articles,  and  such  other  persons  as  may  thereafter,  ac- 
cording to  the  provisions  of  such  articles,  become  associated 
with  them  shall  become  and  be  a  body  politic  and  corporate, 
capable  of  being  sued,  for  the  purpose  set  forth  in  such 
articles. 

(304)  SEC.  3.     The  articles  of  association  shall  contain :  Articles  of 
First,  The  names  and  places  of  residence  of  the  persons  association- 

associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,  The  objects  for  which  it  was  organized; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

(305)  SEC.  4.     The  affairs  of  such  corporation  shall  be  General 
under  the  general  management  of  not  less  than  five  nor  more  m 
than  fifteen  trustees,  to  be  chosen  by  the  members  thereof, 

and  to  hold  office  for  such  time,  not  exceeding  five  years,  as 
shall  be  provided  by  the  articles  of  association ;  and  the 

19 


146 


GENERAL  SCHOOL  LAWS. 


By-laws. 


Amendments. 


Funds  of 
corporation . 


articles  of  association  may  provide  for  a  classification  of  the 
trustees  so  that  the  terms  of  office  of  the  several  classes  shall 
expire  at  different  times,  and  for  a  classification  of  the  mem- 
bers in  accordance  with  their  subscriptions  to  the  objects  for 
which  the  corporation  was  organized.  The  regular  officers 
of  such  corporation  shall  form  a  part  of  such  trustees.  The 
officers  may  be  chosen  by  the  trustees  or  the  members  of  the 
corporation,  as  the  articles  shall  prescribe.  The  by-laws  shall 
be  adopted  by  the  trustees,  who  may  change  them  at  pleasure. 
The  majority  of  the  trustees  shall  be  a  quorum  to  transact 
business.  The  articles  of  association  of  any  such  corporation 
may  be  amended  at  any  time  by  a  two-thirds  vote  of  the 
trustees.  Before  any  such  amendment  shall  take  effect,  a 
copy  of  the  resolution,  certified  by  the  secretary,  shall  be  filed 
in  the  office  of  the  secretary  of  state,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 

(306)  SEC.  5.     All  the  funds  received  by  any  corporation 
organized  under  this  act  shall  be  used,  after  paying  necessary 
expenses,  for  the  exclusive  purpose  or  purposes  set  forth  in 
the  articles  of  association.     And  no  portion  of  the  funds  of 
such  corporation   shall   be  used   or   contributed  toward  the 
erection,  completion  or  furnishing  of  any  building  not  owned 
or  used  by  such  corporation  for  the  purpose  or  purposes  set 
forth  in  its  articles  of  association.    Such  corporation  shall  in 
equity  and  law  be  capable  of  taking  and  receiving  real  and 
personal  estate,  either  by  purchase,  gift,  grant,  lease,  or  bar 
gain  and  sale,  devise  and  bequest,  not  exceeding  twenty-five 
thousand  dollars,  in  the  aggregate,  for  the  purpose  of  its  in- 
corporation, but  for  no  other  purpose,  and  it  shall  have  power 
to  invest  the  same  at  pleasure,  and  to  grant,  bargain,  mort- 
gage, sell  or  lease  the  same  for  the  use  of  said  association; 
and  it  shall  be  lawful  to  invest  the  same  upon  mortgage,  or 
in  or  by  loans  on  notes  or  bonds,  or  municipal,  county,  state 
or  United  States  securities;  or  deposit  the  same  in  any  reli- 
able bank  on  interest;  but  no  loans  shall  be  made  to  any 
trustee  or  officer  of  such  corporation:     Provided,  That  any 
such  corporation  may,  in  its  articles  of  association,  specify 
the  kinds  of  securities  in  which  its  funds  shall  be  invested, 
and  that  no  part  of  its  funds  shall  be  invested  in  any  securi- 
ties other  than  those  named  in    its    articles,    or    when    the 
securities  shall  not  be  specified  in  the  articles  of  association, 
then  such  funds  shall  only  be  invested  in  such  securities  as 
are  specified  in  this  act.     Such  corporation  shall  have  the 
power    to  make  all  needful  rules  and  regulations  and  by-laws 
for  the  management  of  its  affairs,  not  inconsistent  with  the 
constitution  and  laws  of  this  state  or  of  the  United  States. 

(307)  SEC.  6.    In  case  it  shall  at  any  time  happen  that  an 
election  of  officers,  directors  or  trustees  shall  not  be  made 
on  the  day  designated  by  the  articles  of  association  and  by- 
laws, said  corporation  for  that  cause  shall  not  be  dissolved, 
but  it  shall  and  may  be  lawful  on  any  other  day  to  hold  an 


May  receive 
real  and 
personal 
estate. 


May  specify 
kinds  of 
securities. 


Election  of 
officers. 


GENERAL  SCHOOL  LAWS.  147 

election  of  officers,  directors  or  trustees,  in  such  manner  as 
may  be  directed  by  the  articles  of  association  and  by-laws  of 
said  corporation. 

(308)     SEC.  7.    The  articles  of  association  filed  as  required  Articles  may 

bs  used  in 

by  this  act,  or  a  copy  thereof  certified  by  the  officer  with  court, 
whom  they  are  so  filed,  may  be  given  in  evidence  in  any  court 
of  this  state  for  or  against  said  corporation.     Said  corpora-  General  power 
tion  shall  possess  the  general  power  conferred  by  and  sub-  of  corP°ratlon- 
ject  to  the  provisions  and  restrictions  of  chapter  two  hun- 
dred thirty  of  the  compiled  laws  of  the  state  of  Michigan  of 
eighteen  hundred  ninety-seven,  so  far  as  the  same  may  be  ap- 
plicable to  corporations  formed  under  this  act. 


STATE  BOARD  OF  LIBRARY  COMMISSIONERS. 

An  Act  to  create  a  state  board  of  library  commissioners,  to  promote 
the  establishment  and  efficiency  of  free  public  libraries,  and  to 
provide  an  appropriation  therefor. 

[Act  115,  1899.] 
The  People  of  the  State  of  Michigan  enact: 

(309)  SECTION  1.    The  governor,  with  the  advice  and  con- Personnel  of 
sent  of  the  senate,  shall  appoint  four  persons,  residents  of  commlsslon- 
this  state,  who,  together  with  the  state  librarian,  who  shall 

be  a  member  ex-officio,  shall   constitute  a  board  of  library 
commissioners.     Two  members*  of   said    board    shall    be    ap- 
pointed for  a  term  of  four  years  and  two  for  a  term  of  two 
years,  and  thereafter  the  term  of  office  shall  be  four  years. 
All  vacancies  occurring  in    the    appointive    membership    of  Filling  of 
said  board,  whether  by  expiration  of  term  of  office  or  other-  vacaucies- 
wise,  shall  be  filled  by  the  governor,  with  the  advice  and  con- 
sent of  the  senate. 

(310)  SEC.  2.     It  shall  be  the  duty  of  the  library  com- Duties  of 
mission  to  give  advice  and  counsel  to  all  free  libraries  in  the  commission- 
state,  and  to  all  communities  which  may  propo>se  to  establish 

them,  as  to  the  best  means  of  establishing  and  administering 
such  libraries,  the  selection  of  books,  cataloguing,  and  all 
other  details  of  library  management.  In  January  of  each 
year  the  board  shall  make  a  report  to  the  governor  of  its 
doings,  of  which  report  one  thousand  copies  shall  be  printed 
by  the  state  printer  for  the  use  of  the  board. 

(311)  SEC.  3.    It  shall  be  the  duty  of  all  free  libraries  or-  Reports  tov, 
gauized  under  the  laws  of    the    state,    whether    general    or  commission. 
special,  to  make  an  annual  report  to  the  board  of  library 
commissioners,  which  report  shall  conform  as  near  as  may 


148 


GENERAL  SCHOOL  LAWS. 


be  reasonable  arid  convenient,  as  to  time  and  form  such  rules 
as  the  board  may  prescribe. 

Sections  4  and  5  of  this  act  are  repealed  by  the  act  following. 


APPROPRIATION  FOR  STATE  BOARD  OF  LIBRARY  COM- 
MISSIONERS., 

[Extract    from    Act    274,    1909.] 

Appropriation.  (312)  SECTION  1.  There  is  hereby  appropriated  for  each 
of  the  fiscal  years  ending  June  thirty,  nineteen  hundred  ten, 
and  June  thirty,  nineteen  hundred  eleven,  the  sum  of  four 
thousand  eight  hundred  dollars  to  be  expended  by  the  state 
board  of  library  commissioners,  as  follows:  For  secretary 
and  clerical  assistance,  sixteen  hundred  dollars;  for  defray- 
ing expenses  of  organizing  libraries  and  of  conducting  library 
institutes  and  training  schools,  two  thousand  dollars;  for 
traveling  expenses  of  organizer,  eight  hundred  dollars;  sup- 
plies  and  incidentals,  four  hundred  dollars.  Instructors  suit- 
11  k6  selected  by  the  board  and  all  the 

expenses  incurred  thereby,  together  with  the  expenses  of  said 
board,  whether  within  or  outside  the  state,  including  travel- 
ing expenses  of  its  members,  supplies  and  incidentals  neces- 
sary for  the  work,  shall  be  paid  out  of  the  appropriation  : 
Provided,  The  printing  and  binding  necessary  to  carry  on  the 
work  of  the  said  board  shall  be  furnished  by  the  board  of 
state  auditors,  and  paid  for  out  of  the  general  fund  as  other 

compensation,  state  printing  and  binding  is  paid  for.  No  member  of  the 
state  board  of  library  commissioners  shall  receive  any  com- 
pensation for  his  services,  except  that  the  board  may  appoint 
one  of  their  number  to  act  as  secretary  and  such  secretary 
may  receive  such  sum  as  shall  be  agreed  upon  by  the  board. 


Purposes. 


instruc- 

i?rsetcelecti°n  able  for  tnis  work 


Proviso. 


Annual  report 
of  superin- 
tendent of 
public  in- 
struction. 


DISTRIBUTION  OF  LAWS  AND  DOCUMENTS. 

An  Act  to  provide  for  the  publication  and  distribution  of  laws  and 
documents,  reports  of  the  several  officers,  boards  of  officers  and 
public  institutions  of  this  state  now  or  hereafter  to  be  published, 
and  to  provide  for  the  replacing  of  books  lost  by  fire  or  otherwise, 
and  to  provide  for  the  publication  and  distribution  of  the  official 
directory  and  legislative  manual  of  the  state  of  Michigan,  etc.* 
(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the 

public  school  system.) 

[Act   44,    1899.] 

(313)  SEC.  11.  There  shall  be  printed  of  the  annual  re- 
port of  the  superintendent  of  public  instruction,  a  sufficient 
number  to  supply  all  school  libraries  in  the  state  with  one 
copy  each,  also  one  copy  each  to  the  following  persons  or 

*  Remainder  of  title,  repealing  clause. 


GENERAL  SCHOOL  LAWS.  149 


institutions :     To  each  superintendent  of    public    instruction,  TO  whom 
state  university,   college  of  mines  and  state  normal   school  dl 
in  the  United  States,  each  living  ex-superintendent  and  dep- 
uty superintendent  of  public  instruction  in  this  state,  each 
member  of  county  boards  of  examiners,  each  city  superin- 
tendent of  schools;  two  hundred  copies  for  deposit  with  the 
secretary  of  state  for  future  distribution,  and  such  number 
of  additional  copies  as  the  superintendent  of  public  instruc- 
tion may,  in  his  discretion,  deem  necessary,  and  not  exceed- 
ing three  hundred  copies.    Said  report  shall  not  exceed  three  Number 
hundred  pages  including  context  and  index,  such  pages  to  be  of  pages- 
the  size  of  the  pages  of  the  report  of  the  superintendent  of 
public  instruction  for  the  year  eighteen  hundred  ninety-five, 
and  such  report  shall  be  distributed  by  the  superintendent  of 
public  instruction.    Not  to  exceed  the  sum  of  fifty  dollars  for 
any  one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :    Provided,  That  said  fifty  dollars  shall  cover  the 
cost  for  special  paper,  if  necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts :     Provided  further,  That  the  state  course 
state  superintendent  of  public  instruction  may  prepare  and  ol 
have  published  for  the  district  schools  a    state    course    of 
study ;   for  the  teachers'   institutes,   institute  outlines ;   and,  institute 
from  time  to  time,  such  educational  bulletins  as  he  may  deem  Ol 
necessary  and  the  board  of  state  auditors  may  approve,  for 
the  advancement  of  the  cause  of  education  in  Michigan. 

Am.    1901,   Act  31  ;    1903,   Act   225. 

Section  30  of  the  above  act  provides  for  the  distribution  of  the  legislative 
manual  (red  book),  and  the  list  includes  one  copy  for  each  of  the  following: 
Each  district,  graded,  and  city  public  school ;  each  public  library  other  than 
school  library ;  each  township,  village,  and  city  clerk,  and  the  county  com- 
missioner of  schools. 

(314)  SEC.  32.  It  shall  be  the  duty  of  the  county  com-  Duty  of 
missioners  of  schools  to  distribute  all  copies  of  the  "official 
directory  and  legislative  manual"  to  the  schools  in  their  re- 
spective counties,  as  provided  in  section  thirty  of  this  act; 
and  also  to  see  that  the  same  are  kept  for  the  use  of  said 
schools,  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
direct  and  oversee  the  prompt  distribution  of  the  laws,  journ- 
als, documents  and  reports  mentioned  in  this  act,  whose  dis- 
tribution is  not  otherwise  provided  for;  and  said  laws, 
journals,  documents,  and  reports  shall  be  shipped  to  the  sev- 
eral county  clerks  and  county  commissioners  of  schools  in  the 
state,  and  be  distributed  by  them  to  the  persons,  officers,  cor- 
porations and  societies  within  their  respective  counties  en- 
titled to  the  same,  and  that,  until  so  distributed,  they  shall 
be  carefully  preserved  by  said  county  clerks  and  county  com- 
missioners of  schools.  That  the  accounts  for  boxes  furnished 
to  the  secretary  of  state  for  package  and  distribution  shall 
be  audited  and  allowed  by  the  board  of  state  auditors  and 
paid  out  of  the  state  treasury,  and  the  expense  of  transporta- 
tion from  the  office  of  the  secretary  of  state  to  the  county 


150 


GENERAL  SCHOOL  LAWS. 


Receipt  to 
secre^  ry 
of  state. 


clerks  and  county  commissioners  of  schools,  and  of  distribu- 
tion by  them  to  the  persons  entitled  to  the  same,  shall  be 
audited  and  allowed  by  the  boards  of  supervisors  and  paid 
out  of  the  county  treasuries. 

(315)  SEC.  33.  It  shall  be  the  duty  of  the  several  county 
clerks  and  county  commissioners  of  schools,  upon  receiving 
any  of  the  books  mentioned  in  this  act,  to  receipt  to  the  secre- 
tary of  state  for  the  same,  which  receipt  shall  be  filed  and 
preserved  in  the  office  of  the  secretary  of  state;  and  it  shall 
also  be  the  duty  of  the  said  county  clerks  and  county  com- 
missioners of  schools  to  distribute  said  books  as  provided  in 
this  act,  and  to  report  at  the  expiration  of  a  month  after 
each  reception  of  books  to  the  secretary  of  state,  on  blanks 
furnished  by  him,  by  giving  a  full  statement  of  all  of  said 
books  remaining  in  his  office,  together  with  the  names  of  the 
officers  neglecting  to  call  for  the  books  to  which  they  are  en- 
titled; and  it  shall  be  the  duty  of  all  persons,  officers,  corpo- 
rations and  societies,  upon  receiving  any  of  the  books  men- 
tioned in  this  act,  to  receipt  respectively  to  the  county  clerk 
and  county  commissioner  of  schools  for  the  same,  which  re- 
ceipt shall  be  filed  and  preserved  in  the  office  of  the  county 
clerk  and  county  commissioner  of  schools  respectively.  It 
shall  also  be  the  duty  of  the  secretary  of  state  to  notify  each 
person  to  whom  any  books  are  sent,  except  township  officers, 
either  directly  or  in  care  of  the  county  clerk,  which  are  re- 
quired by  this  act  to  be  kept  in  any  library  or  passed  over  to 
any  successor  in  office,  and  that  each  person  receiving  such 
notice  shall,  within  a  reasonable  time,  apply  to  the  county 
clerk  for  the  books  mentioned  in  this  notice,  if  such  books 
were  sent  to  the  county  clerk,  and  obtain  the  same;  and  if 
such  books  have  been  received  by  the  county  clerk  and  are 
not  called  for  as  aforesaid,  such  person  thus  notified  shall  be 
held  responsible  in  the  same  manner  and  to  the  like  extent 
as  in  the  case  of  his  neglect  or  refusal  to  deliver  over  to  his 
successor  books  received  by  him,  except  that  books  sent  for 
the  use  of  township  officers  may  be  sent  to  either  the  township 
clerk  or  county  clerk,  when  the  secretary  of  state  shall  notify 
the  township  clerk,  who  shall  draw  all  of  the  books  for  the 
officers  of  his  township  and  distribute  the  same. 

Section  34  provides  that  each  city,  village,  township  and  county  officer 
shall,  when  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in 
office  all  such  books  received  by  him  which  are  required  by  this  act  to  be 
placed  in  his  library. 

CUSTODY   OP   RECORDS:      See   Murta   v.    Carr,    140/606. 


Notification 
by  secretary 
of  state. 


GENERAL  SCHOOL  LAWS.  151 


RURAL  HIGH  SCHOOLS. 

An  Act  to  provide  for  the  establishment  and  maintenance  of  rural 

high  schools. 

[Act    144,    1901.] 

The  People  of  the  State  of  Michigan  enact: 

(310)  SECTION  1.  The  township  board  of  any  township, 
not  having  within  its  limits  an  incorporated  village  or  city, 
upon  the  petition  of  not  less  than  one-third  of  the  taxpayers 
of  such  township  for  the  establishment  of  a  rural  high  school, 
shall  submit  such  question  to  a  vote  of  the  qualified  electors 
of  said  township  at  a  special  election  called  for  that  purpose  election, 
within  sixty  days  from  date  of  receipt  of  said  petition. 

(317)  SEC.  2.     All    elections    ordered    by    any    township  Elections 
board  in  pursuance  of  section  one  of  this  act  shall  be  held  at 

the  usual  place  or  places  of  holding  township  elections,  and 
notice  shall  be  given  and  the  election  conducted  in  all  re-  Notice  given. 
spects  as  provided  by  law  for  the  election  of  township  officers  Election,  how 
and  the  ballots  shall  have  printed  thereon,  "For  rural  high  conducted. 
school — yes."     "For  rural  high  school — no." 

(318)  SEC.  3.    If  more  votes  are  cast  in  favor  of  such  high  Board  of 
school  than  against  it  at  such  election,  the  qualified  electors  wheif  elected, 
of  said  township  shall   elect   at  their  next  annual  election 

of  township  officers  a  board  of  trustees  of  three  members, 
one  for  one  year,  one  for  two  years  and  one  for  three  years, 
and  on  the  expiration  of  their  terms  of  office  and  regularly 
thereafter  their  several  successors  shall  be  elected  in  like 
manner  for  a  term  of  three  years  each:  Provided,  Ttot 
when  a  rural  high  school  shall  have  been  established  by  the  schools. 
electors  of  any  township,  the  first  election  of  such  trustees 
may  be  ordered  by  the  township  board  to  be  held  at  any  time 
after  the  ten  days'  legal  notice  of  such  election  shall  have 
been  given.  The  township  clerk  shall  be  ex  officio  member 
and  the  clerk  of  the  board  and  the  township  treasurer  shall  members- 
be  ex  officio  member  and  treasurer  of  the  board,  with  the 
same  power  as  other  members  of  the  board. 

Am.   1909,   Act  97. 

(319)  SEC.  4.     Said  board  of  trustees  shall  meet  on  the  Board  of 
third  Monday  in  April  of  each  year  and  organize  by  electing 

one  of  the  trustees  as  president.  Regular  meetings  of  the 
board  shall  be  held  on  the  second  Mondays  of  May,  August, 
November  and  February  in  each  year.  Special  meetings  may 
be  called  upon  five  days'  notice  by  the  president  or  secretary. 
The  board  shall  have  power:  Powers. 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  sixth 
grade  (inc)  to  admit,  and  provide  rates  of  tuition  for  non-resi- 


]52  GENERAL  SCHOOL  LAWS. 


dent  pupils  if  they  so  elect;  but  nothing  in  this  act  shall  be 
so  construed  as  to  limit  the  operation  of  the  laws  of  this 
state  relative  to  the  compulsory  education  of  children,  or  the 
liability  of  children  to  attend  school  thereunder,  and  it  shall 
be  the  duty  of  the  officers  charged  by  law  to  enforce  the 
provisions  of  said  laws  relative  to  the  compulsory  education 
of  children,  to  enforce  in  like  manner  the  attendance  at  such 
high  schools  of  children  admitted  to  attendance  thereat  under 
the  terms  of  this  act; 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,   fix  the 
time  of  school  which  will  not  be  more*  than  ten  months  nor 
less  than  seven  in  any  one  year; 

(f)  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  school  houses,  deter- 
mine location    of   grounds    and    building,  which  shall  be  as 
near  the  center  of  the  township  as  practicable,  according  to 
sanitary  conditions,   and  to   receive  and  hold  bequests  and 
gifts  for  the  benefit  of  the  school,  and  to  dispose  of  property 
belonging  to  the  district  subject  to  the  provisions  hereinafter 
named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  agricultural  college,  and  shall    not    consist 
of  more  than  four  years'  work;  said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  na- 
ture study  and  the  elements  of  agriculture; 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which 
amount  shall  be  spread  upon  the  tax  roll  the  same  as  other 
district  taxes,  and  in  their  discretion  borrow  money  for  cur 
rent  expenses,  which  amount  shall  not  exceed  fifty  per  cent 
of  the  amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  town- 
ship or  county  a  statement  of  the  proceedings  of  the  board 
meetings  and  an  itemized  account  of  all  receipts  and  ex- 
penses, and  file  a  copy  of  the  same  in  the  office  of  the  county 
school  commissioner  and  state  superintendent  of  public  in- 
struction within  sixty  days  of  the  date  of  publication  of  the 
same; 

(j)  To  call  special  elections  or  meetings  of  the  township, 
if  necessary,  to  vote  on  the  amount  of  money  to  be  raised  for 
the  purchase  of  grounds  and  erection  of  buildings  and  for 
such  other  purposes  as  may  be  necessary  within  the  authority 
of  the  provisions  of  this  act  or  of  the  general  school  laws. 

Am.  1907,  Act  126. 


GENERAL  SCHOOL  LAWS.  153 


(320)  SEC.   5.     The  secretary  of  the  board  shall  receive  Salary  of 
not  to  exceed  fifty  dollars  per  annum  for  his  services.    It  shall  JJ^J1^" 
be  his  duty  to  keep  the  records,  provide  supplies,  visit  the  secretary. 
school  and  make  annual  reports    to    the    school    board,    the 
county  school  commissioner  and  the  state  superintendent  of 
public   instruction,   in   such   form   as  the   superintendent   of 
public  instruction  shall  direct.   • 

(321)  SEC.   6.     All   orders  on   the  treasurer  for  moneys  orders  for 
shall  be  ordered  by  the  board  and  signed  by  the  secretary  and  money- 
president. 

(322)  SEC.  7.     A  majority  of  the  taxpayers  of  the  town-  Limit  of 
ship  shall   determine  the  amount  to  be  expended  in  the  grounds  x 
and    building   of   said   school    and   may   bond   the   township 

for  such  amount:  Provided,  That  the  amount  of  said  bond.s 
shall  not  exceed  five  thousand  dollars,  and  that  the  period  of 
such  bonds  shall  not  continue  beyond  ten  years. 

(323)  SEC.  8.    The  high  schools  established  under  the  pro-  under  super- 
visions of  this  act  shall  be  under  the  supervision  of  the  county  rnfssioner.com~ 
commissioner  of  schools,   and  all  questions  of  management, 
support  and  control  arising  under  the  provisions  of  this  act 

and  not  expressly  provided  for  therein  shall  be  subject  to  the 
provisions  of  the  general  school  laws  of  this  state. 

Sec.  9.     Repealing  clause. 


QUALIFICATIONS  OF  KINDERGARTEN,  MUSIC  AND  DRAWING 

TEACHERS. 

An  Act  to  define  the  legal  qualifications  of  kindergarten,  music,  and 
drawing  teachers  in  the  state. 

[Act    166,    1901.] 

The  People  of  the  State  of  Michigan  enact: 

(324)     SECTION  1.     Any  person  who  is  a  graduate  of  any  Kindergarten 
kindergarten  training  school,  whose  course  of  study  is  ap-  who  may6' 
proved  by  the  superintendent  of  public  instruction  of  this  be  granted, 
state,  and  who  holds  also  a  teacher's  certificate  or  a  diploma 
from  a  reputable  college  of  the  state  or  from  a  high  school  hav- 
ing a  four  years'  high  school  course,  may  be  granted  a  kinder- 
garten  certificate   by   said  superintendent  of  public   instruc- 
tion, and  such   person  holding  such  certificate  shall  be  con- 
sidered   a    legally    qualified    kindergarten    and    first    grade 
teacher;  and  any  district  board  shall  be  authorized  to  pay  pay  au_ 
such   teacher  for  kindergarten   and    first    grade    instruction  thorized. 
from  the  same  fund,  and  in  the  same  manner  as  other  teachers 
are  now  paid. 

Am.   1905,   Act   24:   1909,   Act  111. 
See  sections  155-158. 


154 


GENERAL  SCHOOL  LAWS. 


Drawing 
teacher. 


Music  teacher,  (325)  SEC.  2.  Any  person  who  has  finished  a  course  of 
who  eligible.  at  jeagt  tw()  years  in  music  in  the  university  of  the  state  of 
Michigan,-  or  in  any  of  the  state  normal  schools,  or  in  any 
college  incorporated  under  the  general  laws  of  the  state;  and 
any  person  who  has  finished  a  course  of  at  least  one  year  in 
drawing  in  any  of  the  aforesaid  institutions,  or  in  any  other 
institution  whose  course  of  study  is  acceptable  to  the  superin- 
tendent of  public  instruction  and  who  shall  present  to  said 
superintendent  of  public  instruction  a  statement  from  the 
proper  authorities  of  the  institution  certifying  to  the  fact  of 
the  completion  of  the  required  amount  of  work,  may  be 
granted  respectively  a  music  teacher's  certificate  or  a  drawing 
teacher's  certificate;  and  any  person  nolding  such  certificate 
shall  be  considered  a  legally  qualified  teacher  in  the  subject 
named  in  the  certificate;  and  any  district  board,  or  board  of 
education,  shall  be  authorized  to  pay  such  teacher  for  instruc- 
tion in  music  or  in  drawing  from  the  same  fund  and  in  the 
same  manner  as  other  teachers  are  now  paid :  Provided,  That 
cities  organized  under  special  law  or  charter  and  maintain- 
ing kindergarten  training  schools,  having  a  three  years' 
course,  shall  be  exempt  from  the  provisions  of  this  act. 


How  paid. 


Proviso. 


Music  teach- 
er's certificate 


Am.   1905,  Act   24. 

(326)  SEC.  3.  Any  person  who  has  finished  a  course  of 
at  least  two  years  in  music  under  a  private  instructor,  and 
who  shall  pass  an  examination  satisfactory  to  the  musical 
director  of  any  state  normal  school  in  Michigan,  may  be 
granted  a  music  teacher's  certificate  as  provided  in  section 
two  hereof. 

Added  1905,  Act  24. 


INFORMATION  REGARDING  LIBRARIES. 

Ail  Act  to  secure  information  regarding  all  public  or  school  libraries 

in  this  state. 

[Act    134,    1903.] 

The  People  of  the  State  of  Michigan  enact: 


makfan-to 
nuai  report, 


count1?™ 

" 


trans°mittoiist 


SECTION  1.  Hereafter  it  shall  be  the  duty  of  the 
librarian  of  any  and  all  public  libraries,  including  township, 
school  district,  village  or  city  libraries,  to  make  an  annual  re- 
port regarding  the  location,  condition  and  support  of  said  li- 
brary to  the  county  commissioner  of  schools  on  or  before  the 
thirtieth  day  of  June  in  each  year. 

(328)  SEC.  2.  It  shall  be  the  duty  of  the  county  commis- 
sioner  of  schools  in  each  county,  immediately  after  receiv- 
in^  the  reP°rts  from  the  several  libraries  in  his  county  and 


GENERAL  SCHOOL  LAWS.  155 

before  the  first  day  in  September  of  each  year,  to  transmit 
to  the  secretary  of  the  state  board  of  library  commissioners 
at  Lansing  a  complete  list  of  all  the  libraries  other  than  per- 
sonal libraries  within  his  county,  together  with  the  several 
reports  provided  for  in  section  one  of  this  act,  blanks  for  re- 
ports in  both  instances  to  be  furnished  by  the  board  of  li- 
brary commissioners. 

Sec.     3.     Repeals  Act  199,   1901. 


PAYMENT  OF  TUITION  OF  EIGHTH  GRADE  PUPILS. 

An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation 
to  another  district,  of  children  who  have  completed  the  eighth 
grade  in  any  school  district;  and  to  repeal  act  number  one  hun- 
dred ninety  of  the  public  acts  of  nineteen  hundred  three,  and  all 
other  acts  and  parts  of  acts  in  anywise  contravening  the  pro- 
visions of  this  act. 

[Act    65,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(329)     SECTION  1.     The  board  of  education  of  any  school  Tax  for 
district  which  does  not  maintain   a  high  school  shall  have 
authority  and  is  hereby  required  to  vote  a  tax  sufficient  to 
pay  the  tuition  to  one  of  the  three  nearest  high  schools  of  any 
children  residents  of  said  district  who  have  completed  the 
studies  of  the  eight  grades,  not  exceeding  in  amount  twenty  Amount. 
dollars  per  pupil,  unless  the  voters  appropriate  a  larger  sum 
at  the  annual  meeting,  and  may  vote  a  tax  to  pay  the  trans- 
portation during  school  days  of  such  children,  such  tuition  to 
be  paid  by  the  treasurer  of  the  district  in  which  the  pupil 
resides  to  the  treasurer  of  the  district  where  the  high  school 
attended   is   located :     Provided,   That   the   parents   of   such  Proviso, 
children  shall  give  written  notice  to  the  board  of  education 
on  or  before  the  fourth  Monday  of  June  that  they  are  the 
parents  or  legal  guardians  of  such  children  and  that  such 
children  desire  to  attend  some  certain  one  of  the  three  nearest 
high  schools  during  the  ensuing  year.    Upon  receiving  written  Tax  for 
notice  of  children  eligible  to  attend  high  schools  the  board  of  tran?por 
education  shall  vote  a  tax  sufficient  to  cover  the  necessary  tation. 
expense  for  tuition  as  herein  provided,  and  may  vote  a  tax 
sufficient  to  cover  the  necessary  expense  for  daily  transporta- 
tion of  such  children :     Provided  further,  That  any  surplus  Further 
moneys  in  the  treasury  of  said    district    belonging    to    the  Proviso- 
primary  fund  may  be  used  in  paying  necessary  tuition  in  lieu 
of  a  tax  therefor. 


156 


GENERAL  SCHOOL  DAWS. 


Tax  to  be 
reported. 


(330)  SEC.  2.  The  tax  provided  for  in  section  one  of  this 
act  shall  be  reported  to  the  clerk  of  the  township  in  which 
such  district  is  located  and  shall  be  spread  upon  the  tax  roll 
of  such  township  in  the  same  manner  and  at  the  same  time 
as  other  school  taxes. 

Section   3  repeals   Act   190  of  1903. 


COUNTY  NORMAL  TRAINING  CLASSES. 

An  Act  for  the  establishment  of  county  normal  training  classes  and 
for  the  maintenance  and  control  of  the  same. 


When  and 
how  es- 
tablished. 


Proviso. 


Further 
proviso. 

County  nor- 
mal board, 
how  con- 
stituted. 


Proviso. 


Normal  board 
duties  of. 


[Act   241,   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(331)  SECTION  1.     Upon  the  notification  by  the  board  of 
education  of  a  district  in  a  county  not  having  a  state  normal 
school  within  its  borders,  that  the  district  and  the  board  of 
supervisors  of  the  county  have  voted  to  establish  a  county 
normal  training  class,  the  state  superintendent  of  public  in- 
struction may,  subject  to  the  provisions  herein  named,  grant 
permission  to  establish,  maintain  and  control  a  county  nor- 
mal training  class  for  the  purpose  of  giving  free  instruction 
and  training  in  the  principles  of  education  and  methods  of 
teaching  to  residents  of  the  county:    Provided,  That  but  one 
such  training  class  shall  be  established  in  any  county:    And, 
Provided  further,  That  not  more  than  ten  such  classes  shall 
be  established  in  the  state  in  any  one  year. 

(332)  SEC.  2.     The  superintendent  of  public  instruction 
together  with  the    county    commissioner    of    schools    of    the 
county  and  the  superintendent  of  the  schools  in  the  district 
in  which  a  normal  training  class  has  been  established  under 
the  provisions  of  this  act,  shall  constitute  the  county  normal 
board:    Provided,    That   in    case   the   superintendent    of   the 
schools  of  the  district  is  also  commissioner  of  schools  of  the 
county  the  board  of  education  of  the  district  shall  select  the 
third  member  of  the  county  normal  board. 

(333)  SEC.  3.     The  duties    of    the    county  normal  board 
shall  be  as  follows:     . 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one  year  course  of  study  to  be  pur- 
sued, a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super 
intendent  of  public  instruction  shall  prescribe. 

Am.    1905,    Act   20. 


GENERAL  SCHOOL  LAWS.  157 

(334)  SEC.  4.    The  certificates  of  graduation  shall  qualify  Certificates  of 
the  holder  to  teach  in  the  public  schools  as  follows: 

First,  The  certificate  of  graduation  shall  qualify  the  holder 
to  teach  for  three  years  from  date  of  issue  in  any  school  em- 
ploying not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  class  is  situated :  Provided,  That  Proviso. 
any  certificate  shall  become  valid  as  above  specified  in  any 
other  county  when  indorsed  by  the  authority  that  grants  cer- 
tificates in  such  county; 

Second,  A  certificate  of  graduation  may  be  renewed  or  re- 
voked by  a  majority  vote  of  the  county  normal  board. 

Am.  Id. 

(335)  SEC.  5.     For  the  purpose  of  maintaining  such  nor-  Maintenance 
inal  training  classes  as  are  herein  prescribed,  it  is  further  ciasses.ung 
provided : 

First,  That  the  district  receiving  permission  to  establish  a  District  to 
county  normal  training  class    shall    provide    teachers,    and  teachers, 
rooms  with  heating  and  equipment  satisfactory  to  the  superin-  rooms,  etc. 
tendent  of  public  instruction,  and  said  board  shall  include  in 
the  expense  budget  of  the  district  such  sum  as  may  be  nec- 
essary for  these  purposes; 

Second,  That  the  auditor  general  annually,  on  or  before  the  when  state 
thirtieth  day  of  June,  upon  the  certificate  of  the  superinten-  ^strSburse 
dent  of  public  instruction  that  the  equipment  and  instruction 
of  any  county  normal  training  class  has  been  satisfactory, 
shall  draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
treasurer  of  the  district  board  or  the  board  of  education  of 
the  district  maintaining  such  normal  training  class  to  the 
amount  of  five  hundred  dollars  for  each  teacher  employed  in  Amount. 
the  training  school,  to  be  paid  out  of  the  general  fund :    Pro-  Proviso. 
Added,  That  in  no  case  shall  the  total  of  such  appropriation 
exceed  one  thousand  dollars  in  any  county  during  any  school 
year; 

Third,  In  any  district  establishing  a  county  normal  train-  Board  to 
ing  class,  the  board  of  education  shall,  previous  to  the  first 
day  of  October  in  each  year,  estimate  the  cost  of  instruction 
for  the  current  year  in  the  county  normal  training  class,  and, 
deducting  therefrom  the  amount  appropriated  by  the  forego- 
ing provisions  of  this  act,  report  the  balance  to  the  county 
clerk  on  or  before  the  first  day  of  October; 

Fourth,  At  its  October  session,  the  board  of  supervisors  supervisors 
shall  appropriate  out  of  the  general  fund  of  the  county  one-  t^0m*ijfi(jf' 
half  of  the  balance  due  for  instruction,    as    shown    by    the pl 
aforesaid  report  to  the  county  clerk,  which  amount  shall  be 
assessed  and  collected  at  the  same  time  and  in  the  same  man- 
ner as  the  other  county  taxes :     Provided,  That  in  no  case  Proviso, 
shall  such  appropriation  made  in  any  county  exceed  one-half 
the  amount  appropriated  by  the  state  according  to  the  pro- 
visions of  this  act.    The  money  so  raised  shall  constitute  the 
county  normal  fund. 

Am.  Id. 


158 


GENERAL  SCHOOL  LAWS. 


commissioner       (330)     SEC.  6.     On  or  before  the  thirtieth  day  of  June  of 

diitc-hof°ls'       eacn  Jear>  it  shall  be  the  duty  of  the  county  commissioner  of 

schools  to  certify  to  the  county  clerk  the  balance  between 

the  total  cost  of  instruction  for  the    current   year   and    the 

\\hen  clerk  to  amount  appropriated  by  the  auditor  general.     Upon  receipt 
draw  order. 


Proviso. 


certificate,  the  county  clerk  shall  draw  an  order  for 
one-half  of  the  said  balance  upon  the  county  treasurer  in 
favor  of  the  treasurer  of  the  board  of  education  of  the  district 
establishing  the  normal  training  class:  Provided,  That  such 
order  shall  not  exceed  the  amount  appropriated  by  the  board 
of  supervisors  according  to  the  provisions  of  this  act. 

Am.  Id. 


Disposal  of  (337)     SEC.  7.     All  moneys  remaining  in  the  county  nor- 

o??und.er        mal  fund  upon  the  first  of  September  of  each  year  shall  be  re- 
turned to  the  general  fund  of  the  county. 


Duty  of 
board  9f 
supervisors. 


Proviso, 
election. 


Notice, 
how  given. 


Canvass  of 
returns. 


COUNTY  SCHOOLS  OF  AGRICULTURE. 

An  Act  to  provide  for  the  establishment  of  county  schools  of  agri- 
culture, manual  training  and  domestic  economy. 

[Act    35,    1907.] 

The  People  of  the  State  of  Michigan  enact: 

(338)  SECTION  1.  The  board  of  supervisors  of  any 
county  is  hereby  authorized  to  appropriate  money  for  the  or- 
ganization, equipment  and  maintenance  of  a  county  school  of 
agriculture  and  domestic  economy.  The  board  of  supervisors 
of  two  or  more  counties  may  unite  in  establishing  such  a 
school,  and  may  appropriate  money  for  its  organization, 
equipment  and  maintenance:  Provided,  That  whenever  the 
board  of  supervisors  of  the  county  shall  by  a  two-thirds  vote 
of  all  members  elect,  resolve  to  contract  indebtedness  or  issue 
bonds  to  raise  money  for  the  organization,  equipment  and 
maintenance  of  such  school,  the  question  shall  be  sub- 
mitted to  the  vote  of  the  electors  of  the  county  at  a  general 
or  special  election  to  be  called  for  that  purpose.  Notice  of 
the  submission  of  such  resolution  to  the  vote  of  the  electors 
and  in  case  a  special  election  is  called,  notice  of  the  calling 
of  such  special  election  shall  be  given  in  the  same  manner 
and  for  the  same  length  of  time  as  is  now  prescribed  by  law 
for  general  elections.  If  a  majority  of  the  electors  of  each 
county,  voting  on  such  resolution,  shall  vote  in  favor  thereof, 
t  shall  be  deemed  to  have  carried.  The  returns  of  the  elec- 
tion herein  provided  for  shall  be  canvassed  and  the  results 
declared  in  the  same  manner  and  by  the  same  officers  as  is 
provided  by  general  law  for  canvassing  the  returns  of  and 


GENERAL  SCHOOL  LAWS. 


declaring  the  results  in  city,  county  and  district  elections. 
The  manner  of  stating  the  question  upon  the  ballots  shall  be 
prescribed  by  the  resolution  of  the  board  of  supervisors. 

(339)  SEC.  2.    A  board  to  be  known  as  the  county  school 
board  is  hereby  created,  which  shall  have  charge  and  control  powers. 
of  all  matters  pertaining  to  the  organization,  equipment  and 
maintenance  of  such  schools,  except  as  otherwise  provided  by 

law.     Said  board  shall  consist  of  five  members,  one  of  whom  of  whom 
shall  be  the  county  commissioner  of  schools  of  the  county  or  compose  • 
district  in  which  the  school  is  located.     The  other  members 
of  the  board  shall  be-  elected  by  the  board  of  supervisors,  one 
for  one  year,  one  for  two  years,  one  for  three  years  and  one 
for  four  years,  and  thereafter  one  member  of  the  board  shall 
be  elected  annually  for  the  full  term  of  four  years  from  the 
date  of  the  expiration  of  the  term  about  to  become  vacant, 
but  no  member  of  the  board  of  supervisors  shall  be  eligible. 
Vacancies  existing  in  the  board  from  whatever  cause,  except  vacancies, 
in  the  case  of  the  county  commissioner,  shall  be  filled  by  ap-  h 
pointment  made  by  the  chairman  of  the  board  of  supervisors, 
if  the  board  of  supervisors  is  not  in  session  when  such  vacancy 
occurs.     If  the  board  of  supervisors  is  in  session,  vacancies 
shall  be  filled  by  election  by  said  board  for  the  unexpired 
term.     Appointments  made  by  the  chairman  of  the  board  of 
supervisors,  as  hereinbefore  specified,  shall  be  for  the  period 
of  time  until  the  next  regular  meeting  of  the  board  of  su- 
pervisors.    Each  person  appointed  or  created  a  member  of  oath, 
the   county   school   board   shall,    within   ten    days  after  the  filed. 
notice  of  such  appointment,  take  and  subscribe  an  oath,  to 
support  the  constitution  of  the  United  States  and  the  consti- 
tution of  Michigan,  and  honestly,  faithfully  and  impartially 
to  discharge  Ms  duties  as  a  member  of  said  board,  to  the 
best  of  his  ability,  which  oath  shall  be  filed  in  the  office  of  the 
county  clerk.    He  shall  also,  within  the  same  time,  file  a  bond  Bond. 
in  such  sum  as  may  be  fixed  by  the  board  of  supervisors, 
which  bond  shall  be  filed  in  the  office  of  the  county  clerk. 
Within  fifteen  days,  after  the  appointment  of  said  board,  the  organization 
members  thereof  shall  meet  and  organize  by  electing  one  of  of  board- 
their    number    as    president.     The    county    commissioner    of 
schools  shall  be  ex-officio  secretary  of  the  said  board.     The 
board  hereafter  created  shall  prescribe  the  duties  of  the  sev- 
eral officers  except  as  fixed  by  law. 

(340)  SEC.  3.     Whenever  two  or  more  counties  unite  in  Proceedings^ 
establishing  such  a  school,  the  provisions  of  section  two  of  more1  counties 
this  act  shall  apply  to  the  organization  of  the  county  school  Joshing!' 
board,  and  to  filling  vacancies  therein :     Provided,  That  the  Proviso. 
county  commissioner  of  the  county  in  which  the  school  is 

located  shall  be  a  member  of  the  board  and  ex-officio  its  sec- 
retary; and  two  members  shall  also  be  elected  from  each 
county  by  the  board  of  supervisors  thereof,  one  for  one  year 
and  one  for  two  years,  and  thereafter  one  member  of  the 
board  shall  be  elected  annually  in  each  county  for  the  full 


160 


GENERAL  SCHOOL  LAWS. 


penses. 


Tax  levy. 


Treasurer  of 
board,  duties. 


term  of  two  years,  but  no  member  of  the  county  board  of 
supervisors  shall  be  eligible. 

County  school  (341)  SEC.  4.  Whenever  two  or  more  counties  shall  unite 
in  establishing  and  maintaining  a  school  under  the  provisions 
of  ^his  ac^  j^e  county  school  board  herein  provided  shall,  on 
or  before  the  first  day  of  October  in  each  year,  determine 
the  amount  of  money  necessary  for  the  equipment  and  main- 
tenance of  said  school  for  the  ensuing  year,  which  said  amount 
they  shall  apportion  among  the  counties  in  proportion  to  the 
assessed  valuation  of  each  county  as  last  fixed  by  the  state 
board  of  equalization  and  shall  report  their  estimate  and  ap- 
portionment to  the  county  clerk  of  each  count}',  who  shall  lay 
said  report  before  the  board  of  supervisors  at  its  annual  meet- 
ing. The  amount  so  apportioned  to  each  county  shall  be 
levied  by  the  board  of  supervisors  of  such  county,  as  a  por- 
tion of  the  county  tax  for  the  ensuing  year,  for  the  support 
of  the  said  school. 

(342)  SEC.   5.     The   county   treasurer   of  the   county   in 
which  said  school  is  located  shall  be  ex-officio  treasurer  of 
said  board;  all  moneys  appropriated  and  expended  under  the 
provisions  of  this  act  shall  be  expended  by  the  county  school 
board  and  shall  be  paid  by  the  said  county  treasurer  on  or 
ders  issued  by  said  board  or  in  counties  having  a  board  of 
county  auditors,  by  such  auditors,  and  all  moneys  received 
by  said  board  shall  be  paid  to  the  said  county  treasurer  for 
the  fund  of  the  county  school  board. 

(343)  SEC.  6.     In  the  county  schools  of  agriculture  and 
domestic  economy  organized  under  the  provisions  of  this  act, 
instruction  shall  be  given  in  the  elements  of  agriculture  in- 
cluding instruction  concerning  the  soil,  the  plant  life,  and  the 
animal  life  of  the  farm  ;  a  system  of  farm  accounts  shall  also 
be  taught;  instructions  shall  also  be  given  in  manual  train- 
ing and  domestic  economy  and  such  other  related  subjects  as 
may  be  prescribed. 

(344)  SEC.  7.    Each  such  school  shall  have  connected  with 
it  a  tract  of  land  suitable  for  purposes  of  experiment  and 
demonstration,  of  not  less  than  ten  acres  in  area. 

(345)  SEC.  8.    The  schools  organized  under  the  provisions 
of  this  act  shall  be  free  to  the  inhabitants  of  the  county  or 
counties  contributing  to  their  support,  who  shall  be  quali- 
fied to  pursue  the  course  of  study  as  prescribed  by  the  school 
board.     Whenever  students  of  advanced  age  desire  admission 
to  the  school  during  the  winter  months  in  sufficient  number 
to  warrant  the  organization  of  special  classes  for  their  in- 
struction, such  classes  shall  be  organized  and  continued  for 
such  time  as  their  attendance  may  make  necessary. 

(346)  SEC.  9.    The  state  superintendent  of  public  instruc- 
tion shall  give  such  information  and  assistance  and  establish 
such  requirements  as  may  seem  necessary  for  the  proper  or- 
ganization and  maintenance  of  such  schools,  and,  with  the 
advice  of  the  president  of  the  Michigan  state  agricultural 
college,  determine  the  qualifications  required  of  teachers  em- 


instruction 

to  be  given 


School  to 
have  land 


School  to 
be  free. 


'  'Special 
classes." 


Superintend- 
ent of  public 
instruction, 
duty  of. 


President 

agricultural 

college. 


GENERAL  SCHOOL  LAWS.  161 

ployed  in  such  schools :     Provided,  That  no  person  shall  be  Proviso  as  to 
eligible  to  a  position  as  superintendent  of  any  school  estab-  IKfSoo'i. 
lished  under  this  act,  who  is  not  a  graduate  of  a  state  college 
of  agriculture.     The  state  superintendent  of  public  instruc- 
tion shall  have  the  general  supervision  of  all  schools  estab- 
lished under  this  act;   shall  from  time  to  time  inspect  the 
same,  make  such  recommendations  relating  to  their  manage- 
ment as  he  may  deem  necessary,  and  make  such  report  there- 
on to  said  schools  as  shall  give  full  information  concerning 
their  number,   character  and  efficiency. 

(347)      SEC.  10.     Any  school  established  under  the  provi-  Approved 
sions  of  this  act,  whose  course  of  study  and  qualifications  of  eligible  to. 
whose  teachers  have  been  approved  by  the  superintendent  of 
public  instruction  and  the  president  of  the  Michigan  state 
agricultural  college,  and  which  shall  have  expended  at  least 
twenty   thousand   dollars   in   buildings   and   equipment,   and 
shall  have  acquired  title  to  at  least  one  hundred  acres  of 
land  to  be  used  in  connection  with  said  school,  may,  upon 
application,  be  placed  upon  the  approved  list  of  county  schools 
of  agriculture,  manual  training  and  domestic  economy.     A  Duration, 
school  once  entered  upon  said  list  may  remain  listed  and  be 
entitled  to  state  aid  so  long  as  the  scope  and  character  of  its 
work  are  maintained  in  such  manner  as  to  meet  the  approval 
of  the  superintendent  of  public  instruction :     Provided,  That  JJSlSfre- 
he  shall  not  place  upon  said  list  more  than  one  school.    On  the  port  to  super 
first  day  of  July  in  each  year  the  secretary  of  each  county  irl 
school  board  maintaining  a  school  on  the  approved  list  shall 
report  to  the    superintendent  of  public  instruction,    setting 
forth  the  facts  relative  to  the  cost  of  maintaining  the  school, 
the  character  of  the  work  done,  the  number  and  names  of 
teachers  employed,  an-d  if  more  than  one  county  contributes 
to  the  support  of  such  school,  the  amount  so  contributed  by 
each  county,  and  such  other  matters  as  may  be  required  by 
the  county  school  board  or  the  said  superintendent.     Upon  certificate 
the  receipt  of  such  report,  if  it  shall  appear  that  the  school  genaerai!°r 
has  been  maintained  in  a  satisfactory  manner  for  a  period  of 
not  less  than  eight  months  during  the  year  closing  on  the 
thirtieth  day  of  the  preceding  June,  the  said  superintendent 
shall  make  a  certificate  to  that  effect  and  file  it  with  the  aud- 
itor  general.     Upon   receiving   such   certificate,   the   auditor  warrant  of, 
general  shall  draw  his  warrant  payable  to  the  treasurer  of  ai 
the  county  maintaining  such  school  for  a  sum  equal  to  two- 
thirds  the  amount  actually  expended  for  maintaining  such 
school  during  the  year :     Provided,  That  the  total  sum  so  ap-  Proviso, 
portioned  shall  not  exceed  four  thousand  dollars  to  any  one  lu 
school  in  any  one  year:     Provided  further,  That  any  such  Further 
school  receiving  state  aid  shall  be  free  to  the  inhabitants  of  Proviso- 
the  state  on  such  terms  as  may  be  provided  by  said  board  and 
the  superintendent  of  public  instruction.     When  more  than  when  more 
one  county  has  contributed  to  the  support  of  the  school,  the  county116 
auditor  general  shall,  draw  his  warrant  payable  to  the  treas- 
urer  of  each  county  for  such  portion  of  the  state  aid  as  the 
21 


162 


GENERAL  SCHOOL  LAWS. 


amount  contributed  by  his  county  is  part  of  the  total  amount 
contributed  by  all  of  the  counties  for  the  support  of  the  school 
Tax  clause.  for  the  preceding  year.  The  auditor  general  shall  annually, 
beginning  in  the  year  nineteen  hundred  ten,  include  and  ap- 
portion in  the  state  tax  such  sum  as  shall  have  been  so  paid. 

Added  1909,  Act  219. 


Day  schools 
for  deaf, 
when  estab 
Jished,  etc 


Report  to 
superintend- 
ent of  public 
instruction. 


Annual 
budget. 


State  treas- 
urer to  reim- 
burse district. 


DAY  SCHOOLS  FOR  THE  DEAF. 

An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  maintain 
day  schools  for  the  deaf,  and  authorizing  payment  therefor  from 
the  general  fund,  and  repealing  act  number  one  hundred  seventy- 
six  of  the  public  acts  of  eighteen  hundred  ninety-nine  and  all  other 
acts  or  parts  of  acts  conflicting  with  the  provisions  of  this  act. 

[Act   224,    1905.] 

The  People  of  the  State  of  Michigan  enact: 

(348)  SECTION  1.    That  upon  application  by  a  school  dis- 
trict board,  board  of  trustees  of  a  graded  school,  or  board  of 
education  of  any  city  of  this  state  to  the  superintendent  of 
public  instruction,  he  shall  grant  permission  to  such  board 
to  establish  and  maintain,  and  such  board  shall  thereupon  be 
empowered  to  maintain  within  the  limits  of  its  jurisdiction 
one  or  more  day  schools  having  an  average  attendance  of  not 
less  than  three  pupils,  for  the  instruction   of  deaf  persons 
over  the  age  of  three  years,  whose  parents  or  guardians  in  the 
case  of  orphans, are  residents  of  the  state  of  Michigan. 

(349)  SEC.  2.     Any  board  which  shall  maintain  one  or 
more  day  schools  for  the  instruction  of  the  deaf  shall  report 
to  the  superintendent  of  public  instruction  annually,  and  at 
such  other  times  as  he  may  direct,  such  facts  concerning  the 
school  or  schools  as  he  may  require. 

(350)  SEC.  3.    The  board  of  education  of  the  city  or  dis- 
trict where  a  day  school  for  the  deaf  is  established  shall  in 
elude  in  its  annual  budget  a  sufficient  sum  to  maintain  said 
school  and  out  of  said  sum  shall  pay  said  teachers  monthly. 
To  reimburse  said  city  or  district  for  such  expenditure  the 
state  treasurer  is  hereby  authorized  to  pay  to  the  treasurer 
of  the  proper  school  district,  out  of  the  general  fund,  on  or 
before  July  twenty  in  each  year,  upon  the  warrant  of  the 
auditor  general,   the  actual  expense   incurred   for   teachers' 
salaries  and  purchase  of  necessary  school  appliances  by  any 
school  district  in  support  of  a  day  school  for  the  deaf,  which 
shall  have  been  conducted  in  accordance  with  this  act  dur- 
ing nine  months  of  the  school  year,  as  shown  by  vouchers  filed 
with  the  auditor  general  and  certified  to  be  correct  by  the 


GENERAL  SCHOOL  LAWS.  163 

superintendent  of  public    instruction :      Provided,    That    the  Proviso  as 
total  amount  paid  on  account  of  any  one  school  district  or  city  t( 
shall  not  exceed  one  hundred  fifty  dollars  for  each  deaf  pupil 
instructed  in  any  such  school  during  the  school  year,  and  a 
part  of  such  sum  proportionate  to  the  time  of  instruction  of 
any  such  pupil  so  instructed  less  than  nine  months  during 
each  year :    And  be  it  further  Provided,  That  the  title  for  all  'Jjjjjf  as 
school  appliances  purchased  shall  vest  in  the  state  and  in- 
ventory thereof  filed  with  the  superintendent  of  public  in- 
struction July  first  of  each  year. 

(351)  SEC.  4.     The  district  board  or  board  of  education  y^here, 
shall   cause  to  be  executed  monthly,   vouchers  in  triplicate  show,  etc. 
upon  forms  prepared  and  furnished  by  the  auditor  general  so 

as  to  show  the  rate  of  salary  paid  to  instructors  of  the  deaf 
and  the  time  covered  by  such  payment,  also  vouchers  in  tripli- 
cate upon  forms  prepared  and  furnished  by  the  auditor  gen- 
eral, showing  the  school  appliances  purchased  and  price  for 
each  article  or  series  of  articles.  The  treasurer  of  said  school  warde<f°to 
district  is  required  to  forward  two  copies  of  these  receipted  supermtend- 

,  .     .  „         ,,.  .  •  -JLI  •      ent  of  public 

vouchers  to  the  superintendent  of  public  instruction  within  instruction. 
the  first  five  days  of  the  month  succeeding  the  month  covered 
by  the  payment.  On  or  before  the  fifteenth  of  each  month  the 
superintendent  of  public  instruction  shall  present  one  set 
thereof  to  the  auditor  general  authorizing  him  to  pay  to  the 
treasurer  of  the  proper  school  district  the  amount  covered 
by  the  certified  vouchers  presented. 

(352)  SEC.  5.     All  teachers  in  such  schools  shall  be  ap  Employment 
pointed  and  employed  as  other  public  school  teachers  are  ap-  £tfcteac 
pointed  and  employed.    All  persons  appointed  to  teach  in  any 

such  school  shall  have  had  special  training  for  teaching,  and 
shall  be  graduates  of  a  training  school  for  teachers  of  the  deaf 
by  the  "oral"  method,  and  shall  also  have  had  special  train- 
ing in  the  teaching  of  the  deaf,  including  at  least  one  year's 
experience  as  a  teacher  in  a  school  for  the  deaf.    The  so-called  "o™1"  sys- 
"oral"  system  shall  be  taught  by  such  teachers,  and  if  after  a  taught.  e 
fair  trial  of  nine  months,  any  of  such  children  shall  for  any 
reason  be  unable  to  learn  such  oral  method,  then  no  further 
expense  shall  be  incurred  in  the  effort  to  teach  such  child,  so 
unable  to  learn  such  oral  method,  in  such  primary  schools. 

(353)  SEC.  6.     For  the  purpose  of  this  act,  any  person  Deaf,  who 
of  sound  mind  who,  by  reason  of  defective  hearing,  cannot cc 
profitably  be  educated  in  the  public  schools,  as  other  children 

are,  shall  be  considered  deaf. 

Sec.    7.      Repeals   Act   176,    1899. 


161 


GENERAL  SCHOOL  LAWS. 


Bond  required 
for  payment 
of  subcon- 
tractors. 


Subcontract- 
ors to  give 
written 
notice. 


When  en- 
titled to 
benefit  of 
security,  etc. 


Bond,  to 
whom  exe- 
cuted, sure- 
ties, by  whom 
approved,  etc. 


PAYMENT  OF  SUBCONTRACTORS. 

An  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  in  constructing,  repairing  or  ornamenting  public 
buildings  and  public  works. 

[Act  187,  1905.] 
The  People  of  tJie  State  of  Michigan  enact: 

(354)  SECTION  1.     When  public  buildings  or  other  pub- 
lic works  are  about  to  be  built,  repaired  or  ornamented  under 
contract  at  the  expense  of  the  state,  or  of  any  county,  city, 
village,  township  or  school  district  thereof,  it  shall  be  the 
duty  of  the  board  of  officers  or  agents,  contracting  on  behalf 
of  the  state,  county,  city,  village,  township  or  school  district, 
to  require  sufficient  security  by  bond  for  the  payment  by  the 
contractor  of  all  subcontractors  and  for  the  payment  for  all 
labor  performed  and  materials  furnished  in  the  erection,  re- 
pairing or  ornamenting  of  such  building  or  works. 

(355)  SEC.  2.     In  the  case  of  a  subcontractor,  he  shall 
give  notice  in  writing  before  payment  is  made  for  the  Avork 
or  materials  furnished  by  him  to  the  said  board  of  officers 
or  agents,  that  he  is  a  subcontractor  for  the  doing  of  some 
part  of  such  work  which  he  shall  specify  in  his  notice  and 
that  he  relies  upon  the  security  of  the  bond  by  this  act  re- 
quired to  be  given  by  the  principal  contractor,  and  that  in 
the  case  of  the  giving  of  such  notice  to  the  said  board  of 
officers   or  agents  said   subcontractor  shall   also   notify   the 
principal  contractor  that  he  has  done  so,  and  whenever  this 
shall  have  been  done,  the  said  subcontractor  shall  be  entitled, 
subject  to  the  rights  of  the  persons  with  whom  he  has  con- 
tracted for  labor  and  materials,  to  the  benefit  of  the  security 
given  by  the  principal  contractor,  and  to  be  subrogated  to 
the  liens  of  the  persons  who  have  performed  labor  or  fur- 
nished materials  for  such  building,  repairs  or  ornamentation, 
whom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the  persons   who   shall   have  performed   labor   or  furnished 
materials  to  him  shall  not  in  the  aggregate  be  entitled  to  re- 
ceive larger  sums  than  may  be  required  from  the  principal 
contractor  under  his   contract  with   the  subcontractor,   nor 
shall  this  act  be  construed  to  change  in  any  way  the  contract 
which  may  have  been  made  between  the  principal  contractor 
and  the  subcontractor,  except  when  such  contract  shall  at- 
tempt to  relieve  the  principal  contractor  as  against  the  de- 
mands of  those  performing  labor  or  furnishing  materials  to 
the  subcontractor. 

(356)  SEC.  3.     Such  bond  shall  be  executed  by  such  con- 
tractor to  the  people  of  the  state  of  Michigan  in  such  amount 
and  with  such  sureties  as  shall  be  approved  by  the  board  of 
officers  or  agents  acting  on  behalf  of  the  state,  county,  city, 
village,  township,  or  school  district  as  aforesaid,  and  shall  be 


GENERAL  SCHOOL  LAWS.  165 

conditioned  for  the  payment  by  such  contractor  to  any  sub- 
contractor or  by  any  such  contractor  or  subcontractor  as  the 
same  may  become  due  and  payable  of  all  indebtedness  which 
may  arise  from  said  contractor  to  a  subcontractor  or  party 
performing  labor  or  furnishing  materials,  or  any  subcon- 
tractor to  any  person,  firm  or  corporation  on  account  of  any 
labor  performed  or  materials  furnished  in  the  erection,  re- 
pairing or  ornamentation  of  such  building,  improvement  or 
works :  Provided,  however,  That  the  principal  contractor  Proviso. 
shall  not  be  required  to  make  any  payment  to  a  subcontractor 
of  sums  due  from  the  subcontractor  to  parties  performing 
labor  or  furnishing  materials,  except  upon  the  receipt  or  the 
written  orders  of  such  parties  to  pay  the  sums  due  to  them  to 
subcontractors.  Such  bond  shall  be  deposited  with  and  held 
by  such  board  of  officers  or  agents  for  the  use  of  any  party  in- 
terested therein. 

Sureties  on  a  bond  given  for  the  benefit  of  laborers  and  materialmen  can- 
not avoid  liability  by  showing  a  failure  of  the  municipal  authorities  to  ap- 
prove the  bond. — People  v.  Carroll,  151  /  233. 

(357)      SEC.  4.     Such  bond  may  be  prosecuted  and  a  re-  ^eg°very 
covery  had  by  any  person,  firm  or  corporation  to  whom  any  On  bond. 
money  shall  be  due  and  payable  on  account  of  having  per- 
formed any  labor  or  furnished  any  materials  in  the  erection, 
repairing  or  ornamentation  of  any  such  building  or  works,  in 
the  name  of  the  people  of  this  state  for  the  use  and  benefit  of 
such  person,  firm  or  corporation :     Provided,  however,  That  Proviso. 
in  the  case  of  a  suit  for  the  benefit  of  a  subcontractor,  he  shall 
be  required  to  allege  and  prove  that  he  has  paid  to  all  parties 
entitled  thereto  the  full  sums  due  to  them  for  labor  or  ma- 
terials contracted  for  by  him :    And  Provided  further,  That  in  Further 
no  case  brought  under  the  provisions  of  this  act  shall  the  pl 
people  of  this  state  be  liable  for  costs. 


CITIES  OF  FOURTH  CLASS. 

An  Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extract   from   Act  215,   1895,  Chap.   XXXII.] 

(358)     §  3338.     SECTION  1.     Each  city  incorporated  under  ^t 
this  act  shall  constitute  a  single  school  district.     Such  school  school  district, 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

the  "public  schools  of  the  city  of  "   (naming  the 

city)  and  shall  possess  the  usual  powers  of  corporations  for 
public  purposes;  and  in  that  name  may  sue  and  be  sued, 
and  purchase,  acquire,  hold  and  dispose  of  such  real  and  per- 


166 


GENERAL  SCHOOL  LAWS. 


sonal  property  as  is  authorized  to  be  purchased,  acquired  or 
Proviso  as  to  disposed  of  by  this  chapter:    Provided,  That  if  in  any  village 
dti£°andrated  re-incorporated  as  a  city  or  any  city  re-incorporated  under 
villages.          ail(j  made  subject  to  the  provisions  of  this  act,  there  shall  be 
a  school  district  extending  beyond  the  city  limits,  or  having  a 
special  charter,  then  such  school  district  shall  not  be  governed 
by  the  provisions  of  this  chapter,  but  all  the  laws  and  regula- 
tions now  governing  such  district  shall  remain  in  full  force 
and  effect  the  same  as  if  such  city  or  village  had  not  been 
re-incorporated. 

Am.   1905,  Act  106. 

(359)  §  3339.  SEC.  2.  The  board  of  education  of  such 
public  schools  shall  consist  of  six  trustees,  who  shall  be  quali- 
fied electors  of  the  school  district,  and  the  regular  annual 
election  of  school  trustees  shall  be  held  on  the  second  Monday 
of  July  of  each  year.  At  the  first  election  held  under  this  act 
two  trustees  shall  be  elected  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 
from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
ballot  cast  for  him.  Annually  thereafter  two  trustees  shall  be 
elected  for  a  term  of  three  years  from  and  after  the  second 
Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors" are  qualified  and  enter  upon  the  duties  of  their  offices. 

Am.  1905,  Act  231. 


Board  of 
education, 
of  whom 
to  consist. 


Annual 
election. 


Term  of 
office. 


Manner  of 
conducting 
annual  elec- 
tion of 

trustees. 


Notice  of 
election. 


(360)  §  3340.  SEC.  3.  Such  annual  election  of  school 
trustees,  as  above  provided,  shall  be  held  at  such  place  in 
each  city  as  the  board  of  education  shall  designate.  In  the 
designation  of  such  place,  it  shall  be  the  duty  of  the  said 
board  to  choose  a  place  most  convenient  for  the  accommoda 
tion  of  the  voters.  The  polls  shall  be  open  at  nine  o'clock  in 
the  forenoon,  and  shall  continue  open,  without  intermission 
or  adjournment,  until  the  hour  of  eight  o'clock  in  the  after- 
noon, at  which  time  they  shall  be  finally  closed.  Said  election 
shall  be  by  ballot  and  except  as  herein  otherwise  directed, 
shall  be  conducted  in  all  respects  including  the  manner  of 
selecting  candidates;  the  placing  of  the  names  of  candidates 
upon  the  ballots;  the  printing  of  the  ballots;  erection  of 
booths,  etc.,  in  the  same  manner  and  in  conformity  with  the 
provisions  of  law  governing  in  the  cr.se  of  annual  township 
elections.  All  the  penalties  of  the  general  election  law  rela- 
tive to  neglect  of  duty  or  violation  of  the  terms  of  this  act. 
shall  be  applicable.  The  members  of  the  said  school  board 
shall  be  governed  by  the  same  restrictions  and  shall  perform 
similar  duties  to  those  prescribed  for  the  township  board  at 
annual  township  meetings.  Notice  of  the  time  and  place  of 
holding  such  election  shall  be  given  by  the  secretary  of  the 
board  at  least  fifteen  days  before  the  said  election  by  placing 
s¥ch  notices  in  three  of  the  most  public  places  in  each  ward 


GENERAL,  SCHOOL  LAWS.  167 

of  the  city,  and  by  publishing  a  copy  thereof  in  one  or  more 
newspapers  published  in  the  city,  the  same  length  of  time  be- 
fore the  election.     On  or  before  the  twentieth  day  of  June  Election  com- 
in  each  year,  the  board  of  education  shall  appoint  three  elec-  missioners- 
tion  commissioners.    All  nominations  for  the  office  of  trustee  Nomination 
shall  be  made  by  petition  signed  by  at  least  twenty-five  quali-  pet 
fled  electors  of  said  district.     All  nomination  petitions  shall 
be  filed  by  the  respective  candidates  with  said  election  com- 
missioners at  least  five  days  before  the  election.     The  said  ^a°n^at°f 
election  commissioners  shall  after  the  time,  during  which  nom-  onnbaiiotes 
ination  petitions  may  be  filed,  has  elapsed,  proceed  to  deter- 
mine, by  lot,  the  place  which  each  candidate  shall  have  upon 
the  official  ballot.     And  thereupon  said  commissioners  shall  Ballots, 
cause  to  be  printed  ballots  in  the  same  manner  and  form  as  etc™  °f> 
near  as  may  be,  as  now  used  in  the  election  of  city  officers. 
They  shall  deliver  said  ballots  when  printed  to  the  secretary 
of  the  board  of  education  the  day  preceding  the  day  of  elec- 
tion.   Nothing  contained  herein,  however,  shall  be  construed 
so  as  to  prevent  any  elector  from  voting  for  any  person  by 
pasting  or  writing  the  name  of  his  candidate  or  candidates 
in  pencil  on  his  ballot. 

Am.   1907,  Act  110. 

(3G1)      §  3341.     SEC.  4.     The  president  and  secretary  of  inspectors 
the  board  of  education  and  one  other  trustee  to  be  designated  ° 
by  the  board,  if  not  candidates  for  election,  shall  constitute 
a  board  of  inspectors  of  such  election,  and  if  any  of  said 
three    trustees    be    so    disqualified,    or  shall  not  be  present 
at  the  time  of  the  opening  of  the  polls  or  remain  in  attend- 
ance, the  electors  present  may  choose  viva  voce  such  number 
of  electors  present  as  shall  constitute  a  board  of  three  in- 
spectors of  such  election.    Each  of  said  inspectors  shall  take 
the  required  eath  to  faithfully  perform    the    duties    of    in- 
spector of  such  election.     The  president  of  the  board  shall 
be  chairman  of  the  board  of  inspectors;  in  his  absence  the 
inspectors  shall  elect  one  of  their  number  as  suck  chairman. 
The  qualifications  of  voters  at  such  election,  or  at  any  school  $Uv0\ 
district  meeting  shall  be  such  as  are  or  may  hereafter  be  pre- 
scribed by  the  general  school  laws.    The  board  of  inspectors  Authority 
shall  have  the  same  authority  and  power  in  maintaining  and  of  inspector3- 
enforcing  order  and  obedience  to  their  lawful  commands  at 
such  elections  and  during  the  canvass  of  the  votes  as  are  con- 
ferred by  the  general  laws  of  the  state  upon  school  officers 
in  similar  cases. 

Am.  Id. 

(362)     §  3342.    SEC.  5.    The  board  of  inspectors  shall  make  Duties  of 
a  poll  list  of  the  names  of  persons  voting  at  such  election.  m 
They  shall  also  have  the  last  school  census  present  at  such 
election  open  for  inspection  by  any  citizen;  they  shall  also 
have  the  right  of  access  to  the  registration  books  of  the  sev- 


168 


GENERAL   SCHOOL  LAWS. 


eral  wards  of  the  city,  if  they  deem  it  necessary,  and  for  that 
purpose  they  may  require  the  city  clerk  to  attend  such  elec- 
tion with  such  registers. 


Am.  Id. 


COMMISSION  ONJNDUSTRIAL  EDUCATION. 

An  Act  to   provide  for  a  state  commission   on   industrial   education 
including  elementary  training  in  agriculture. 

[Act  228,  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(363)  SECTION  1.    The  governor  of  the  state  of  Michigan, 
by  and  with  the  consent  of  the  senate,  is  hereby  empowered  to 
appoint  a  commission  of  not  less  than  five,  nor  more  than 
seven  members,  to  be  known  as  the  Michigan  commission  on 
industrial  and  agricultural  education. 

(364)  SEC.   2.     This   commission,   immediately   after   ap- 
pointment, shall  organize  by  choosing  from  its  own  member- 
ship a  chairman  and  secretary. 

(365)  SEC.  3.     It  shall  be  the  duty  of  this  commission  to 
make  a  careful  study  of  the  conditions  of  elementary,  indus- 
trial  and  agricultural  education  in   the  state  of  Michigan, 
whether  under  public  school  or  other  auspices,  including  the 
study  of  conditions  of  labor  as  they  affect  children  between  the 
ages  of  fourteen  arid  eighteen,  and  it  shall  further  be  the  duty 
of  this  commission  to  present  a  report  showing  these  condi- 
tions, with  recommendations  for  such  a  plan  of  elementary, 
industrial  and  agricultural  training  in  connection  with  the 
public  schools  of  the  state  as  shall,  in  their  judgment,  best 

in  triplicate,  meet  the  conditions  shown  to  exist;  this  report  to  be  ren- 
dered in  triplicate  to  the  governor,  the  state  superintendent 
of  public  instruction  and  the  state  commissioner  of  labor  on 
or  before  January  one,  nineteen  hundred  eleven. 

(366)  SEC.  4.    The  members  of  this  commission  shall  serve 
without  pay,  and  the  commission  shall  maintain  its  organiza- 
tion until  July  one,  nineteen  hundred  eleven,  when  said  com- 
mission shall  expire  by  limitation,  unless  renewed  by  subse- 
quent act  of  the  legislature. 


Commission 
how  ap- 
pointed. 


When  to 
organize. 


Duties  of. 


To  report. 


Expiration  of 
commission. 


GENERx\L   SCHOOL  LAWS.  169 


SCHOOL  SITES. 

An  Act  authorizing  the  commissioner  of  the  state  land  office  to 
sell  sites  to  school  districts,  churches  and  cemetery  associations 
from  lands  held  by  the  state  as  tax  homestead  lands. 

[Act    223,    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(367)      SECTION  1.     The  commissioner    of    the    state    land 
office  is   hereby  authorized  to  sell   sites  to  school  districts,  commissioner 
churches  and  cemetery  associations  from  any  lands  held  by  may  selh 
the  state  of  Michigan  as  tax  homestead  lands,  at  such  price 
jis  shall  be  fixed  by  the  said  commissioner.     The  application  Application. 
for  the  purchase  of  such  sites  shall  be  made  by  the  proper 
officers  of  the  school  district,  or  the  trustees  of  the  church  or 
cemetery  association,  upon  blanks  prepared  and  furnished  by 
the  said  commissioner  for  that  purpose:     Provided,  That  the  Proviso, 
said   commissioner  shall   not  sell   for  any  such  purpose  any 
land  in  excess  of  the  amount  which  may  be  necessary  for 
the  use  of  any  such  school  district,  church  or  cemetery  asso- 
ciation :     Provided  further,  That  any  land  so  sold  shall  be  Further 
used  solely  for  the  above  purposes,  and  when  same  ceases  to 
be   used   for   such   purpose,   it   shall   revert   to   the  state   of 
Michigan. 


EXEMPTION  OF  BONDS  FROM  TAXATION. 

An  Act  to  exempt  from  taxation  bonds  hereafter  issued  by  any 
county,  township,  city,  village  or  school  district  within  the  state 
of  Michigan. 

[Act  88,   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(.°>(»S)      SECTION   1.     All   bonds  hereafter    issued    by    any  Bonds,  ex- 
county,  township,  city,  village  or  school  district  within  the  tJ"ati2n.m 
stnte  of  Michigan  pursuant  to  statute  are  hereby  exempted 
from  all  taxation. 

Sec.   2  repeals  inconsistent  acts. 

99 


APPENDIX. 


APPENDIX. 


FORMS   FOR   PROCEEDINGS   UNDER   THE   SCHOOL   LAWS. 


FORM  No.   1. 

Notice  by  the  clerk  of  the  township  board  to  a  taxable  inhabitant  of  a  district  of 

the  time  of  its  formation. 

[See  sections  28,  29.] 

To  A B 

SIR — The  township  board  of  the  township  of have  formed  a  school 

district  in  said  township,  to  be  known  as  district  No and  bounded 

as  follows:      [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at ,  on  the day  of 

19 . . ,  at  o'clock,   . . .   M,  and  you  are  instructed  to  notify  every 

legal  voter  of  said  district  of  the  same,  at  least  five  days  previous  to  said  meet- 
ing, either  personally  or  by  leaving  a  written  notice  at  his  place  of  residence. 
You  will  indorse  on  this  notice  a  return,  showing  each  notification,  with  the 
date  or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meeting. 

Dated  this    day  of ,  19 

(Signed.)  C  D , 

Cleric  of  the  Township  Board. 


FORM  No.  2. 

Notice  of  first  meeting — when  made  in  writing  to  be  left  at  the  house  of  every 

legal  voter. 

[See  sections  28,  29,  43.] 

To   O D 

SIR— School   district  No of  the  township  of    having  been 

formed  by  the  township  board,  you,  as  a  legal  voter  in  said  district,  are  hereby 

notified  that  the  first  meeting  thereof  will  be  held  at  ,  on  the 

day  of   ,  19 . . . ,  at   o'clock   . . .   M. 

Dated  this   day  of  19. .. 

(Signed.)  A B , 

[The  person  appointed  to  give  notice.'} 


174 


APPENDIX. 


FOEM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)  by  Taxable  Inhabitant. 
[See  sections  28,  29,  43.] 

lt  A B ,  hereby  return  the  within   (or  annexed)   notice, 

having  notified  the  qualified  voters  of  the  district,  as  follows: 

NAMES.  DATE.  How  NOTIFIED. 

A B January  1,  1910 Personally. 

C D January  1,  1910 Written  notice. 

E F. January  2,  1910 Personally. 

Dated  this  day  of  19 ... 

(Signed.)  A B 

FORM  No.  4. 

Notice  by  Toivnship  Clerk  to  Director,  of  Alteration  in  District. 
[See  section  37.] 

To  the  Director  of  School  District  No ,  Township  of  

SIE— At  a  meeting  of  the  township  board  of  the  township  of held 

,  19...,  the  boundaries  of  school  district  No ,  township  of 

»  were  altered  in  such  manner  that  the  territory  of  said  district 

now  includes  the  following:    [Here  insert  the  description.] 

Dated  this  day  of  19 ... 

(Signed.)  C D     t 

Clerk  of  the  Township  Board. 


FORM  No.  5. 

Notice  of  Meeting  of  Township  Board. 
[See  section  34.] 

NOTICE-A  meeting  of  the  township  board  of  the  township  of  . 

will  be  held  at ,  on  the day  of 19         at 

)ck  ...  M.,  for  the  purpose  of  [here  insert  every  object  that  is'  to  be  brought 


APPENDIX.  175 


before  the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts 
state  the  alterations  proposed.] 

Dated  this  day  of  19 ... 

(Signed.)  A B , 

Clerk  of  the  Township  Board. 


FORM  No.  6. 

Appointment  of  District  Officers  by  Township  Board. 
[See  section  49.] 

The  undersigned  members  of  the  township  board  of  the  township  of , 

do  hereby  appoint  A B [director,  moderator  or  treasurer,  as 

the  case  may  be]  of  school  district  No ,  in  said  township,  the  district 

board  having  failed  to  appoint. 

Dated  this   day  of  19 ... 

C D , 

B F ., 

G H , 

Township  Board. 


FOKM  No.  7. 

Notice  to  Township  Board  requesting  it  to  fix  School  Site. 
[See  section  102.] 

To  the  Township  Clerk  of Township: 

You   are   hereby   notified   that   the   legally   qualified   voters   resident   in   school 

district  No ,  township  of  ,  county  of ,  are  unable 

to  fix  a  school  site  for  said  district  and  you  are  hereby  requested  to  call  a  meet- 
ing of  the  township  board  of  the  township  of   ,  for  the  purpose  of 

fixing  a  site  for  said  school  district. 

Dated  this   day  of  19. .. 

(Signed.)  A B , 

Director. 


FORM  No.  8. 

Certificate  to   be  given  to   the  Director  of  a  School  District,   by  the   Township 
Board  when  it  establishes  a  Site. 

[See  section   102.] 


The  inhabitants  of  school  district  No ,  township  of   , 

having  failed,  at  a  legal  meeting,  to  establish,  a  site  for  a  schoolhouse,  the  town- 


176  APPENDIX. 

ship  board   hereby  certifies   that   it  has   determined   that  the   said   site  shall   be 
as  follows:     [Here  insert  description.] 

Given  under  our  hands  this  day  of  ,  19. .. 

A B , 

C D , 

E F 

Township  Board. 


FORM  No.  9. 

Notice  to  Toivnship  Board  of  consent  to  consolidation  of  School  Districts. 

[See  section  35.] 

To  the  Township  Clerk  of   Township: 

SIR — At  a  meeting  of  the  legally  qualified  voters  of  school  district  No 

,   township   of    ,   held    ,    19 . . . ,    the   question   of   dis- 
banding the  present  organization  of  said  district  and  uniting  its  territory  with 

that  of  other  school   districts  was  submitted resident  taxpayers  of 

the  district  were  present.     The  result  of  the  vote  was  as  follows:     Number  of 

votes   in   favor   of  disbanding  the   district    ;    number   of   votes  opposed   to 

disbanding  the  district    You  are  hereby  notified  that  a  majority  of  the 

resident  taxpayers  of  said  school  district  No of  the  township  of 

has   consented   to   the   disbanding   of   said    district   and   the   consolidation   of  its 
territory   with   other   districts   and   you  are  hereby  requested  to   call  a   meeting 

of  the  -township  board  of   township  at  the  earliest  possible  date 

to  dispose  of  the  territory  and  property  of  said  s'chool  district  No ,  town- 
ship of  

Dated  this   day  of  19 ... 

(Signed.)  A.'. B , 

Director. 


FORM  No.  10. 

Petition  by  resident  taxpayers  of  the  School  District,  giving  consent  to  the  dis- 
banding of  ScJvaol  District  and  Consolidation  of  territory. 

[See  section  35.] 

,  Michigan,  ,  19 ... 

To  the  Toivnship  Board  of Township,  County  of   , 

State  of  Michigan: 

The  undersigned,  resident  taxpayers  of  the  school  district  No ,  in  the 

township  of  ,  do  hereby  give  consent  that  the  organization  of  said 

school  district  No township  of   ,  shall  be  dissolved  and  that 

the  territory  of  said  school  district  No of  the  township  of  

shall  be  divided  or  consolidated  with  other  school  districts  as  in  the  judgment 
of  the  township  board  may  tre  deemed 
(Signatures.) 


APPENDIX.  177 


FORM  No.  11. 

Notice  of  Annual  Meeting. 
[See  sections  40,  42,  67.] 

NOTICE — The  annual  meeting  of  school  district  No. of  the  township  of 

,  for  the  election  of  school  district  officers  and  for  the  transaction 

of  such  other  business  as  may  lawfully  come  before  it,  will  be  held  at  , 

on  Monday,  the  day  of  July,  19 . . . ,  at o'clock  . . .  M. 

Dated  this    day  of  June,   19... 

(Signed.)  A B 

Director. 


FORM  No.  12. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for 

a  Special  Meeting. 

/ 
[See  section  41.] 

To  the  District  Board  of  School  District  No (or  to  A B 

one  of  the  District  Board)  : 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

,  request  you,  in  pursuance  of  section  15,  of  chapter  II  of  the  general 

school  laws  of  1881,  to  call  a  special  meeting  of  said  district,  for  the  purpose 

of   

Dated  this   day  of 19 ... 

(Signed.)  C D , 

E F , 

G H , 

I *    K , 

L..  .  M.. 


FORM  No.  13. 

Notice  of  Special  Meeting. 
[See  sections  41,  42.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No , 

in  the  township  of   ,  called  on  the  written  request  of  five  legal 

voters    [or   called   by  the   district  board,  as  the   case   may  be],  will   be  held  at 

,  on  .the   day  of  ,  19. . .,  at  ... 

o'clock    . . .   M.,  for  the  p*urp'o¥e   [her*e  inste'rt  etfc'ry  object  that  is  to  be  brought 
tfefore  the  meeting.] 

(SigtfeU)  A B, , 

Director. 
23 


178  APPENDIX. 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  sections  49,  121,  218.] 

The  undersigned,  members  of  the  district  board  of  school  district  No , 

township  of   ,  do  hereby  appoint  A B 

[director,  moderator,  or  treasurer,  as  the  case  may  be]  of  said  district  to  fill  the 

vacancy  created  by  the  [removal,  resignation  or  death,  etc.]  of  C D , 

the  late  incumbent. 

Dated  this  day  of  19... 

E F , 

G..  .  H.. 


FORM  No.  15. 

Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  sections   51,   121,   139,   216.] 

I  do  hereby  accept  the  office  of in  school  district  No of 

the  township  of   

Dated  this  day  of  ,  19 ... 

(Signed.)  A B.. 


FORM  No.  16. 
Affidavit  of  District  Officers  to  accompany  acceptance. 

[See  section  51.] 
STATE  OF  MICHIGAN, 


.  ss. 
COUNTY  OF. 


being  duly  sworn,  says  that  he  has  been  elected  to 

the  office  of in  school  district  No of  the  township  of 

that  he  is  a  legally  qualified  voter  in  school  meetings  of  said  district,  that  his 

name  appears  on  the  assessment  roll  of  township  and  of  said  district, 

and  that  he  is  the  owner  in  his  own  right  of  the  property  so  assessed. 


Subscribed  and  sworn  to  before  me, 

,  this  day  of 

,  A.  D.  19.. 


My  commission  expires 


APPENDIX.  179 


FORM  No.  17. 

Treasurer's   Bond. 

[See  sections  72,   217.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :     That  we,  A B treasurer 

of  school  district  No. township  of  ,  county  of   

and  state  of  Michigan,  and 

[his  sureties],  are  each  held  firmly  bound  unto  said  district  in  amounts  as  fol- 
lows: C D $ ;  B P $ ;  G 

H $ ;    I J $ ,  etc.,  the  total   amount   of  the 

bond  being  to  be  paid  to  said  district;  for  the  payment  of  which 

sums  and  sum  well  and  truly  to  be  paid,  we  bind  ourselves,  our  heirs,  executors, 
and  administrators,  jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said 

treasurer  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treas- 
urer of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person 
or  persons,  entitled  thereto  upon  the  proper  order  therefor,  all  sums  of  money 
which  shall  come  into  his  hands  as  treasurer  of  said  district,  and  shall,  at  the 
expiration  of.  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys 
remaining  in  his  hands  as  treasurer  aforesaid,  and  shall  deliver  to  his  suc- 
cessor all  books  and  papers  appertaining  to  his  said  office,  then  this  obliga- 
tion shall  be  void,  otherwise  of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  19 ... 

A B ,  [L.  s.] 

C D ,  [L.  s.] 

E F ,  [L.  s.] 

G H ,  [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed.)  K L ,  Moderator. 

M N ,  Director. 

Justification  of  Sureties  on  the  foregoing  Bond. 

C D and  E F and  G 

H and  I J ,  the  sureties,  whose  names  are 

subscribed  to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he 
is  a  resident  in  said  county  and  is  worth  the  sum  specified  after  his  name  in 
said  bond,  over  and  above  all  his  debts  and  liabilities,  exclusive  of  property 
exempt  from  execution. 

Subscribed  and  sworn  to  before  me,  a in  and  for  said 

county,  this  day  of  ,  19 ... 


My  commission  expires 


180  APPENDIX. 


FORM  No.  18. 

Order  upon  the  Treasurer  for  Moneys  to  be  disbursed  by  Mm,  with  Receipt 

attached. 

i 

[See  sections  67,  72.] 

Treasurer  of  School  District  No ,  Township  of  : 

SIB — Pay  to   the  sum  of   dollars  out  of 

any  moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which 
order  is  drawn,  as  "teachers'  wages,"  general,  etc.]  fund,  on  account  of  [here 
state  the  object  for  which  the  order  was  drawn.] 

Dated  this   day  of   ,  19... 

A B , 

Director. 
[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  treasurer  of  school  district  No 

the  amount  specified  in  the  above  order. 

G..  .  H.. 


FORM  No.  19. 

Warrant  upon  Township  Treasurer  for  moneys  belonging  to  School  District. 
[See  sections  67,  72,  85,  224.] 

Treasurer  of  the  Township  of : 

SIR— Pay  to  A B ,  treasurer  of  school  district  No 

in  said  township,  the  sum  of dollars,  out  of  [here  insert  the  particular 

fund],  in  your  hands  belonging  to  said  district. 

Dated  this   day  of    ]  9 . . . 

C D , 

[Countersigned]  Director. 

E F..  ,  Moderator. 


FORM  No.  20. 

Notice  to  Township  Clerk  of  the  establishment  of  school  district  library. 
[See  section   131.] 

To  the  Township  Clerk  of Township  : 

You  are  hereby  notified  that  school  district  No of  the  township  of 

,  at  the  annual  [or  special]  meeting  held  on  the day  of , 

19...,  voted  to  establish  a  district  library  under  the  provisions  of  section  4757, 
C.   L.   1897,   as  amended.     You    are    hereby    requested    to     apportion     to     said 


APPENDIX.  181 


school  district  its  just  proportion  of  any  books  now  in  the  township  library  of 

township  according  to  the  number  of  children  in  this  district. 

(Signed.)  A B , 

Director. 


FORM  No.  21. 

Notice  to   Toivnship   Clerk  of  taxes  voted  by  School  District. 
[See  section  46.] 

To  the  Clerk  of  the  Township  of  ,  County  of  : 

You  are  hereby  notified  that  at  the  (annual  or  special)  meeting  of  legally 
qualified  voters  of  school  district  No ,  township  of  ,  the  fol- 
lowing taxes  were  voted  to  be  spread  upon  the  property  of  the  district  for  the 
ensu-ing  year  under  the  provisions  of  section  4GG5,  0.  L.  1S97,  as  amended: 

For  school  sites  $ 

For  building  schoolhouse 

For  repairs  , 

For  necessary  appendages 

For  library 

For  indebtedness   

For  transportation  of  pupils 

[Specify  other  items.] 

Total  tax    $ 

Said  sums  you  will  report  to  the  supervisor  to  be  assessed  iipon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at   this    day  of   ,  19 ... 

A B ,  Director. 

C D . . . ,  Moderator. 

E F ,  Treasurer. 


FORM  No.  22. 

Notice  to  Township  Clerk  of  taxes  uoted  ty  District  Board  under  the  provisions 

of  section  55. 

[See  section  55  1  • 

To  the  Clerk  of  the  Township  of  ,  County  of  : 

You  are  hereby  notified  that  the  district  board  of  school  district  No , 

township  of   ,  at  a  meeting  of  said  board  held  on  the   day  of 

,    19 ,    estimated    and    voted    taxes    for    teachers'    wages,    fuel, 

incidental    expenses    and    deficiencies,    to    be    levied    upon    the   property    of   said 
school  district  for  the  ensuing  year  as  follows: 

Teachers'  wages  $ 

Fuel    

Incidental  expenses   

Deficiencies - 

Flag  and  flag  staff 

Free  textbooks  

Officers'  salaries  

Tuition 

Total   .  $ 


182 


APPENDIX. 


Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at   ,  this    day  of   ,  19.... 

A B ,  Director. 

C D ,  Moderator. 

E . .  .  F ,  Treasurer. 


FORM  No.  23. 

Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  moneys  to  be  Ap- 
portioned to  Districts. 

[See  sections  85,  86.] 

To  the  Clerk  of  the  Township  of  ,  County  of  : 

gIR i  have  now  in  my  hands  for  apportionment  to  the  several  school  districts 

of  this  township  the  following  moneys: 

Primary  school  interest  fund  $ 

Library  moneys  received  from  county  treasurer 

One-mill  tax    • 

Surplus  dog  tax 

District  taxes  

Special  funds 

Dated  this  day  of ,  19. . . 

A B , 

Township  Treasurer. 


FORM  No.  24. 

Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment 

of  Moneys  to  Districts. 

[See  sections  76,  77.] 

To  the  Treasurer  of  the  Township  of  ,  County  of  : 

SIE — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in 
each  school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the 
amount  of  moneys  apportioned  to  each  of  said  districts: 


Districts. 

No.  of  children  in 
district. 

Primary  school  in- 
terest fund. 

£ 

B 
>> 

M 

One-mill  tax. 

Surplus  dog  tax. 

District  taxes. 

A 

Total  to  each  dis- 
trict. 

District  No.  1.    . 

{ 

$ 

$ 

$ 

$• 

$   

$  

District  No.  2,  fr'l  

. 

Total  

$. 

$ 

$ 

$    

$  

|  

$  

Dated  this  day  of 


19... 
A. 


B, 


Township  Clerk. 


APPENDIX. 


183 


FORM  No.  25. 
Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  section  77.] 
B  ..........  ,  Director,   School  District  No  ...........  ,  Township  of 


SIR—  The  amount  of  school  moneys  apportioned  to  school  district  No  .........  , 

township  of    ..............  ,  is  as  follows: 

Primary  school  interest  fund  .....................................  $  ...... 

Library  moneys  received  from  county  treasurer   .............................. 

One  mill  tax   ........  "  ....................................................  '.'.'.'.'. 

Surplus  dog  tax   ............................................................. 

District  taxes    ............................................................... 

Special  funds  ....................  ............. 


Total   

Dated  this   day  of 


,  19-.. 

A. 


B 


Township  Clerk. 


FORM  No.  26. 

Certificate  by  the  Township  Clerk  to  the  Supervisor,  of  district  taxes  to  be 

assessed. 

[See  section  75.] 

Supervisor  of  the  Township  of ,  County  of : 

SIR — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys 
proposed  to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several 
school  districts  of  this  township,  as  the  same  appears  from  the  reports  of  the 
district  boards  of  the  several  districts  now  on  file  in  my  office: 


Districts. 

Is 

:i 

For  building 
purposes. 

For  repairs. 

*| 

|| 

1"° 

i 
i 

1 

For  apparatus. 

For  incidental 
expenees. 

1 

n 

District  No.  1  

$. 

$  

$  

$  

$  

$  

$  

$  

$  

$  

District  No  2  fr'l 

. 

Which   amounts   you   will   assess   upon   the   taxable   property   of   each   of   said 
districts  in  accordance  with  the  provisions  of  law. 

Dated  this  day  of  ,  19. .. 

A B , 

Township   Clerk. 


184 


APPENDIX. 


FORM  No.  27. 

Deed  to  school  district. 

[See  section  54.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :     That  A B and  C 

D ,   his  wife,   of  the   township  of    

county  of and  state  of ,  part of 

the  first  part,  for  and  in  consideration  of  the  sum  of -.   dollars,  to 

paid  by  the  district  board  of  school  district  No ,  of  the  township 

of    ,   county   of    ,    and   state   of    Michigan,   the 

receipt    whereof   is    hereby    acknowledged,    do    ....    hereby   grant,    bargain,    sell, 

and  convey  to  school  district  No aforesaid,  the  party  of  the  second 

part,  and  their  assigns  forever,  the  following  described  parcel  of  land,  namely 
[here  insert  description];  together  with  all  the  privileges  and  appurtenances 
thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party  of  the  second 
part  and  their  assigns  forever.  And  the  said  part.,  of  the  first  part  for  them- 
selves, their  heirs,  executors,  and  administrators,  do  covenant,  grant,  bargain, 
and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  assigns,  that, 
at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were  well  seized 
of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute  and  in- 
defeasible estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said  lands 
and  premises  are  free  from  all  encumbrances,  whatever;  and  that  the  above  bar- 
gained premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant 
and  defend. 

In  witness  whereof,  the  said  A B and 

C D '....,   his   wife,   party   of  the   first  part,   have 

hereunto  set  their  hands  and  seals,  this  day  of  , 

19... 

A B ,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed  and  delivered  in  presence  of 

E F 

G H 

STATE  OF  ) 

County  of \  ^ 

On  this   day  of  ,  in  the  year  one  thousand  nine  hun- 
dred and    ,  before  me,   J K ,  a    ,  in 

and  for  said  county,  personally  appeared  and  , 

his  wife,  to  me  known  to  be  the  same  persons  described  in  and  who  executed 
the  within  instrument,  who  severally  acknowledged  the  same  to  be  their  free 
act  and  deed. 

Witness  my  hand  and  official  seal,  the  day  aad  year  last  above  named. 

J K ,   [SKAL] 


My  commission  expires 


APPENDIX.  185 


FORM  No.  28. 

Lease  to  school  district. 

[See  section  54.] 

KNOW    ALL    MEN    BY    THESE    PRESENTS  I      "That    A B ,    of   the 

township  of    ,  county  of   ,  and  state  of   

of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto 

school  district  No ,  in  the  township  of   ,  county  of  

and  state  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  follow- 
ing parcel  of  land,  to  wit:  [here  insert  description]  with  all  the  privileges  and 
appurtenances  thereto  belonging;  to  have  and  to  hold  the  same  for  and  during 

the  term  of    years  from  the    day  of   ,  19 ... 

And  the  said  party  of  the  second  part,  for  themselves  and  their  assigns,  do 
covenant  and  agree  to  pay  the  said  party  of  the  first  part,  for  the  said  premises, 

the  annual  rent  of    dollars. 

In   testimony   whereof,    the    said   parties   have    hereunto   set   their   hands    and 

seals  this   day  of  ,  19 ... 

A B ,  [SEAL] 

Lessor. 

C D , 

E P ,  [SEAL] 

G... H , 

Board  of  School  District  No of  the   Township. 

Signed  and  sealed  in  the  presence  of 

I R 

L.  .   M.  . 


FORM  No.  29. 

Contract  for  building  a  schoolhouse. 
[See  section  54.] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of  ,  in  the  county  of ,  and  state  of  Michigan,  and 

C D ,  E F ,  and  G H , 

composing  the  district  board  of  school  district  No of  the  township  of 

,  in  the  county  of  ,  and  state  of  Michigan,  and  their 

successors  in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of  dollars,  to  be  paid 

as  hereinafter  specified,  the  said  A B hereby  agrees  to  build 

a  schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the 

plans  and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at 
such  point  in  said  district  as  said  district  board  may  designate.  The  said 
house  is  to  be  built  of  the  best  material  in  a  substantial,  workmanlike  manner, 
and  is  to  be  completed  and  delivered  to  the  said  district  board  or  their  successors 

in  office,  free  from  any  lien  for  work  done  or  material  furnished,  by  the 

day  of  ,  19 ...  And  in  case  the  said  house  is  not  finished  by  the 

•  24 


186  APPENDIX. 


time  herein  specified,  the  said  A B shall  forfeit  and  pay 

to  the  said  district  board  or  their  successors  in  office,  for  the  use  of  said  district, 

the  sum  of  dollars,  and  shall  also  be  liable  for  all  damages  that 

may  result  to  said  district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district, 

hereby  agrees  to  pay  the  said  A B the  sum  of  

dollars  when  the  foundation  of  said  house  is  finished;  and  the  further  sum  of 
dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the  remaining 

sum"  'of  dollars  when  the  said  house  is  finished  and  delivered  as  herein 

stipulated.  It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  trans- 
ferred, or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this  day  of ,  19. .. 


c  

Contractor. 
D  , 

E  

F  , 

G  

H  , 

District  Board. 

FORM  No.  30. 

Contract  between  district  board  and  teacher. 
[See  sections  59,  122,  221.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

No ,   in   the   township   of    ,   county   of    ,   and   state 

of  Michigan,   and   A B a   legally  qualified   teacher   in   said 

county  and  township,  that  the  said  A B shall  teach  the  school 

of  said  district  for  the  term  of  months,  commencing  on  the  

day  of  ,  19. . .,  and  that  there  shall  be  vacation  periods  of 

days  beginning  on  the  following  dates :    

The  said  A B agrees  to  faithfully  keep  a  correct  list  of  the 

pupils,  grade  and  age  of  each  attending  school;  to  faithfully  observe  aird  enforce 
the  rules  and  regulations  established  by  the  district  board  of  said  district  for 
the  external  management  of  said  school  and  endeavor  to  preserve  in  good  condi- 
tion and  order  the  school  grounds,  furniture  and  such  other  district  property  as 

may  come  under  h. .  supervision.     The  said  A B further 

agrees  to  teach  the  subject  of  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  narcotics  as  is  required  by  law,  also  to  give 
instruction  in  regard  to  the  mode  by  which  dangerous  communicable  diseases 
are  spread,  the  best  methods  for  the  restriction  and  prevention  of  such  diseases, 
and  will  report  the  facts  in  regard  to  all  such  instruction  to  the  director  at 

the  close  of  the  school  term  or  year.     The  said  A B further 

agrees  to  prepare  a  report  at  the  close  of  the  school  term  or  year  showing  the 
foregoing  facts,  also  the  number  of  days  each  pupil  attended  school,  the  aggregate 
attendance,  the  average  daily  attendance,  and  the  percentage  of  attendance,  to- 
gether with  such  other  items  as  the  said  district  board  or  the  commissioner  of 
schools  may  require,  and  that  all  this  information  and  all  these  reports  shall  be 
placed  in  the  hands  of  the  director  at  the  close  of  the  school  term  or  year  and 
prior  to  receiving  the  wages  for  the  last  month's  labor. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  provide  a  water 
supply  for  the  school,  to  keep  the  schoolhouse  in  good  repair,  and  the  school 
grounds  in  good  and  sanitary  condition,  to  provide  proper  and  necessary  fuel,  to 


APPENDIX.  187 


provide  a  janitor,  or  allow  the  teacher    dollars  per  month  for  such 

service,  to  purchase  and  place  in  the  schoolroom  the  necessary  appendages  speci- 
fied in  the  law,  to  provide  the  teacher  and  pupils  with  proper  charts  and  appliances 
for  giving  instruction  in  the  subjects  above  mentioned,  and  to  do  all  things 

that  will  promote  the  welfare  and  success  of  the  school,  and  to  pay  said  A 

B for  said  services  as  teacher,  to  be  faithfully  and  truly  rendered  and 

performed  as  above  stated,  the  sum  of  dollars  per  month,  the  same 

being  the  amount  of  wages  agreed  upon,  to  be  paid  on  or  before  the  

day  of ,  19 . . . ;  provided,  that  in  case  the  said  A B 

shall  be  dismissed  from  school  by  the  said  district  board  for  gross  immorality 
or  violation  of  this  contract,  or  shall  permit  h . .  certificate  of  qualification  to 
expire,  or  shall  have  said  certificate  annulled  or  suspended  by  the  county  board 
of  school  examiners  or  other  lawfully  authority,  h . .  shall  not  be  entitled  to  any 
compensation  from  and  after  such  annullment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this   

day  of  ,  19... 

C D ,  Director. 

E F ,  Moderator. 

G H ,  Treasurer. 

A . .  .  B . .  . ,  Teacher. 


188 


APPENDIX. 


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APPENDIX. 


189 


FORM  No.  32. 

Office  of  Commissioner  of  Schools. 
[See  section   246.] 

,  Michigan,   ..'... 


,  19, 


DEAR  TEACHER— By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905, 
as  amended,  each  teacher  is  required  to  examine  the  census  list  furnished  her  by 
the  director  at  the  opening  of  school,  and  report  to  the  commissioner  the  names 
of  any  children  who  are  not  in  attendance  at  the  public  school.  I  would  like 
to  have  you  report  to  me  each  month  and  at  any  time  when  there  are  any  cases 
of  non-attendance.  You  will  please  fill  out  on  the  appended  form  the  names  of 
children,  their  parents,  and  addresses  in  all  cases  where  the  children  are  not  in 
regular  attendance  and  forward  the  same  to  me  at  once. 

Very  respectfully, 


Commissioner  of  Schools. 


FORM  No.  33. 
Notice  to  commissioner  of  schools  by  teacher  of  cases  of  truancy. 

[See   section   246.] 
,  Michigan,   ,  19. .. 


County  Commissioner  of  Schools: 
SIR — You  are  hereby  notified  that  the  following  children,  residents  of  district 

No township  of    ,  are  not  in  regular  attendance  at  the 

public  school: 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS.                    i 

Very  respectfully, 


Teacher. 


190 


APPENDIX. 


FORM  No.  34. 


Notice  of  commissioner  of  schools  to  county  truant  officer. 


[See  sections  246,  247.] 
,  Michigan,   


,19. 


Truant  Officer  of   County: 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  districts 
and  townships  specified  are  not  in  regular  attendance  at  the  public  schools.  By 
the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are 
hereby  requested  to  investigate  these  cases  of  truancy  or  non-attendance  at  school 
as  is  provided  in  said  act. 


NAME   OF    CHILD. 

NAME   OF   PARENT. 

ADDRESS. 

DISTRICT. 

TOWNSHIP. 

Yours  respectfully, 

» 

County  Commissioner  of  Schools. 


FORM  No.  35. 
Notice  to  parents  or  guardians  in  rural  districts  in  regard  to  truancy. 


[See  section   247.] 


Michigan,    ,  19. 


To    : 

You  are  hereby  notified  that   ,  a  child  at  least  seven  years  of 

age  and  under  sixteen  years,  and  under  your  legal  control,  is  not  attending  the 
public  school  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as 
amended.  You  are  hereby  directed  to  send  said  child  to  the  public  school  in 
your  district  on  the  day  following  the  receipt  of  this  notice  at  nine  o'clock, 
with  the  necessary  books  for  instruction,  and  you  are  further  notified  that 
said  child  must  be  in  regular  and  consecutive  attendance  at  school  during  the 
remainder  of  the  school  year  as  taught  in  your  district. 

Yours  respectfully, 
Served  ,  19 ... 

County  Truant  Officer. 


APPENDIX.  191 


FORM  No.  36. 
Notice  to  teacher  of  formal  notice  to  parent, 

[See   section   247.] 
,    Michigan,    ,    19 , 


You  are  hereby  notified  that  on   .- ,  19 . . . ,  formal  notice  was 

served  on   that  the  child   under  his  control  should 

be  in  regular  and  consecutive  attendance  at  public  school  beginning  on  the  day 
following  the  receipt  of  the  notice.  Please  give  me  immediate  notice  should 
the  parent  fail  to  perform  his  duty  in  accordance  therewith. 

Very  respectfully, 


County  Truant  Officer. 


FORM  No.  37. 
Notice  by  teacher  (or  commissioner)  to  truant  officer. 

[See  section  247.] 

,  Michigan,  ,  19 

County  Truant  Officer, 


SIR — You  are  hereby  notified  that  the  child 

of of  district  No township  of  

did  not  begin  attendance  at  the  public  school  on  the  date  stated  in  formal  notice, 

nor  has    been  in  attendance  since. 

Respectfully, 


Teacher  (or  commissioner.) 


FORM  No.  38. 

Notice  to  truant  officer  in  city  or  village. 
[See  section  247.] 

.,  Michigan,  ,  19 


Truant  Officer  of City  (or  Village  or  Township) : 

SIR— You  are  hereby  notified  that  the  following  named  children  in  this  city 
(or  village)  are  not  in  regular  attendance  at  the  public  schools.  By  the  provi- 
sions of  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are  hereby 
requested  to  investigate  these  cases  of  truancy  or  non-attendance  at  school,  as 
is  provided  in  said  act. 


192 


APPENDIX. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

V,ery  respectfully, 


"  Superintendent. 


FORM  No.  39. 

Notice  to  parents  or  guardians  in  cities  or  villages. 
[See  section  247.] 


.,  Michigan,  ,  19 


To  M , 

No Street: 

You  are  hereby  notified  that ,  a  child  at  least  seven  years 

of  age  and  under  sixteen  years,   and  under  your  control,   is  not  attending  the 
public   schools   as   is    required   by   Act  No.   200   of   the   Public    Acts    of   1905,    as 

amended.    You  are  hereby  notified  to  cause  said   to  begin  regular 

and  consecutive  attendance  at  the  public  school  on  the  day  following  the  receipt 

of  this  notice  at  nine  o'clock  at  the   school,  and  you  are  further 

notified  that  said   child  must  be  in   regular  and   consecutive  attendance   during 
the  remainder  of  the  school  year. 

Respectfully, 

Served  ,  19 ...  , 

Truant  Officer. 


FORM  No.  40. 

Notice  to  commissioner  of  schools,  Toy  teacher,  of  deaf  children  not  in  attendance 

at  schools  for  the  deaf. 


[See  section  252.] 
,  Michigan, 


,,  19. 


County  Commissioner  of  Schools: 
SIR— You  are  hereby  notified  that  the  following  named  children,  residents  of 

district  No ,  township  of  ,  have  such  defective  hearing 

that  they  cannot  be  taught  in  the  public  schools,  and  are  not  attending  schools 
for  the  deaf. 


APPENDIX. 


193 


NAME    OF    CHILD. 


NAME    OF    PARENT. 


ADDRESS. 


Very  respectfully, 

Teacher. 

FORM  No.  41. 

Notice  of  commissioner  or  truant  officer  to  superintendent  of  State  School  for  the 

Deaf. 

[See  section  252.] 
,  Michigan,  ,  19 ... 

Superintendent  of  School  for  the  Deaf,  Flint,  Michigan: 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  districts 
and  townships  specified  have  such  defective  hearing  that  they  cannot  be  taught 
successfully  in  the  public  schools,  and  are  not  attending  any  institution  for  deaf 
children. 

XAME  OF  CHILD.  NAME  OF  PARENT.  ADDRESS.  DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 

Commissioner  or  Truant  Officer. 
25 


194 


APPENDIX. 


FORM  No.  42. 
Notice  to  parents  or  guardians  by  truant  officer. 


[See  section  252.] 


Michigan,  ,  19, 


To  : 

You  are  hereby  notified  that ,  a  child  seven  years  of  age  and 

under  eighteen  years,  and  under  your  legal  control,  is  reported  to  me  .as  having 
such  defective  hearing  as  makes  it  impossible  for  such  child  to  be  instructed 
in  the  public  schools,  and  that  said  child  is  not  attending  any  school  for  the 
deaf  as  is  required  by  Act  No.  48  of  the  Public  Acts  of  1907.  It  is  your  duty  and 
you  are  hereby  directed  to  send  such  child  to  a  day  school  for  the  deaf  or  to  the 
State  School  for  the  Deaf  at  Flint,  or  some  other  school  for  the  deaf,  in  ac- 
cordance with  the  provisions  of  said  act. 

Yours  respectfully, 

Served  ,  19. . .  , 

Truant  Officer, 


FORM  No.  43. 

Notice  to  truant  officer  of  blind  children  not  in  attendance  at  State  Scliool  for 

the  Blind. 

[See  section  254.] 
,  Michigan,  ,  19 ... 


Truant  Officer  of  County  (village,  city  or  township) : 

SIR — You  are  hereby  notified  that  the  following  named  children  under  your 
jurisdiction,  between  the  ages  of  seven  and  nineteen  years,  and  who  by  reason 
of  defective  eyesight  are  unabje  to  receive  instruction  in  the  public  schools,  are 
not  in  attendance  at  the  Michigan  School  for  the  Blind.  Under  authority  of  Act 
No.  116  of  the  Public  Acts  of  1907,  you  are  hereby  requested  to  investigate  these 
cases  and  report  to  the  Superintendent  of  the  School  for  the  Blind  at  Lansing 
at  the  earliest  possible  date  the  facts  in  regard  to  these  children. 


NAME   OF   CHILD. 

NAME    OF    PARENT. 

ADDRESS. 

DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 
County  Commissioner  of  Schools  or  Superintendent  of  School  for  the  Blind. 


APPENDIX. 


195 


FORM  No.  44. 
Notice  to  truant  officer  to  proceed,  against  the  parent. 

[See   section   254,.] 
,  Michigan,  


.,  19. 


Truant  Officer  of  county,  city  or  township: 

SIR — You  are  hereby  notified  that  the  following  named  children  between  the 
ages  of  seven  and  nineteen  years  are  not  in  attendance  at  the  State  School  for 
the  Blind  in  accordance  with  the  provisions  of  Act  No.  116  of  the  Public  Acts 
of  1907,  and  you  are  hereby  directed  to  proceed  against  the  parent  or  guardian 
of  such  children  under  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905 
as  amended. 


NAME   OF    CHILD. 

NAME   OF   PARENT. 

ADDRESS. 

DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 
Superintendent  of  School  for  the  Blind. 


INDEX. 


INDEX. 


The   references   are  to   compiler's   sections.   - 
A. 

ACADEMIES   AND   INCORPORATED   EDUCATIONAL    INSTITUTIONS: 

with  whom  to  file  certain   reports 164 

ACCEPTANCE  OF  OFFICE: 

neglect  to  file,  vacates  office    48 

certain,  filed  with  and  recorded  by  director 51,  121,  216 

penalty  for  failure  of  district  officer  to  file 140 

ACCOUNTS : 

director  to  keep,  of  expenses   67, 122 

of  members  of  board  of  school  examiners,  with  whom  filed ? 180 

ACTION  : 

against  school  districts,  how  brought,  etc 95-101 

relative   to   obtaining   schoolhouse   site 102-116 

certain,  to  be  commenced  by  president  township  board  of  education 197 

ADJOURNMENTS  : 

of  district  meetings    46 

of  proceedings  to  obtain  schoolhouse  site 112 

ADMISSION    OF    PUPILS: 

resident     64 

non-resident    '. 65 

to  high   schools 122 

to  agricultural   college    154 

to"  kindergarten    157 

to  normal  school    280 

AGE  : 

at  which  children  may  attend  school 64,  157,  214 

at  which  education   is  compulsory 239 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.: 

officers,  teachers,  etc.,  not  to  act  as 146,  181 

AGRICULTURAL  COLLEGE   COURSE: 

who  to  prepare,  for  district  schools   154 

AGRICULTURAL    SCHOOL : 

admission  of  pupils  to  freshman  class  of 154 

duties  of   secretary  of    154 

examinations  for  admission   to 184,  185 

AGRICULTURE  : 

state  commission  on   elementary,   and   industrial   education 363-366 

AGRICULTURE.  COUNTY  SCHOOLS  OF: 
(See  county  schools  of  agriculture.) 

ALIENS  : 

not  eligible  to   office 50 

ALTERATION  : 

in  boundaries  of  districts    34-37 

of    schoolhouse   sites 102 

in  boundaries   of  graded   school   districts 123 

of  boundaries   of  township  school  districts 229 

ANNUAL    ELECTION: 

of  trustees  in  cities  of  4th  class 359 

ANNUAL   MEETING: 
(See  district  meetings.) 

ANNULMENT   OF  CERTIFICATES: 

by  state  board  of  education    , 166,  278,  279,  287 

by  county  board  of  school  examiners 178 

APPARATUS : 

tax  may  be  voted  for  purchase  of 46 

APPEAL : 

how  made  from  decision  of  township  board 117-119 

APPENDAGES  TO  SCHOOLHOUSE : 

cax  may  be  voted  to  provide 

to  be   provided   by   director 67 


000  INDEX. 


The   references   are   to   compiler's   sections. 

APPOINTMENT  : 

deputy   superintendent,  of  public   instruction -i 

of  building  committee,  for  schoolhouse  site 

duties    of    • . 

clerk  of  district  meeting  in  director's  absence -±b.  -J  < 

district  officers  in  case  of  vacancy *» 

person   to   take   school   census «°  --£ 

district  trustees  in  case  of  vacancy i-1.  ~i* 

member  of  board  of  school  examiners  in  case  of  vacancy 

county  commissioner  of  schools  in  case  of  vacancy 

conductor  of  teachers'   institute 

of   truant   officers    - 

APPORTIONMENT :  0_ 

of  primary  school  interest  fund    •  •  •  „-"-'_' 

of  property  on  division  of  district d«,  d«,   --j^ 

by  township  clerk  of  moneys  to  districts 

of  moneys  raised  by  taxes ^ 

township  treasurer's  "duties  relative  to 

on  division  of  districts,  of  moneys.' 84,  22.) 

of  one-mill  tax    > 

division  of  district,  of  tax  assessed  before  and  collected  after »4 

in  fractional  districts,   of  moneys  collected p< 

of  library  moneys   .- lo4'  le™ 

APPRAISAL  : 

of  school  property,  when  township  board  of  education  to  .make 

ASSESSMENT  OF  TAXES  : 
(See  taxes.) 

ASSESSOR: 

(See  treasurer). 

ASSOCIATIONS  FOR  ESTABLISHING   LOAN  FUNDS  : 

number  that  may  incorporate .  . '. 

articles  of  association,  what  to  contain 

classification  of  members    

funds  of,   how  used    : 

election  of  officers,  when  held 

ASSOCIATIONS  : 

teachers   may   form    

ATTACHMENT  : 

to  enforce  attendance  at   certain  proceedings 

AUDITOR   GENERAL: 

when,  to  reimburse  district  maintaining  county  normal  training  classes 335 

B. 
BALLOT : 

election  of  officers  to  be  by 47.  91 .   122,   21 5 

form  of,   for  election  relative  to  organization  of  township  district 

form  of,  at  district  election  for  bonding 

form  of.  used  at  special  election  to  decide  question  of  rural  high  schools 317- 

BARROOM : 

children   not    permitted    in 2.">9 

BILLIARDS  : 

children  not  permitted   where,   are  played.  .  259 

BLANK  FORMS: 

for  school   proceedings,    see   appendix. 
BLIND   CHILDREN: 

compulsory   education   of  • 2.13.  254 

transportation  of  indigent,  or  parents  of    

truant   officer  to   investigate  and   report 254 

BLIND,    MICHIGAN    SCHOOL   FOR   THE  : 

(See  Michigan  school   for  the  blind.) 
BOARD   OF  APPEALS: 

who  to  constitute,  in  appeals  from  township  board.  .  117 

BOARD  OF  EDUCATION: 

to    report    taxes    voted 5<> 

to  make  annual   census 08 

when  to  make  triplicate  reports  to  superintendent  of  public   ins.!  met  ion '.  .  .  .  73 

to  apply  for  jury  in  suit  to  obtain  sites " 1<>3 

in  graded  school   districts,  election  and  powers  and  duties  of 120-122 

to  have  charge  of  library 1 2ti 

report   of,    relative  to  libraries    133-134 

may   sell   library   books    138 

township,   powers   and   privileges '.'.'* 180.197 

secretary,   relative  to   books,   etc.,   of   district  ...          is«) 

who  to  constitute,   term  of  office,   etc 191 

when  to  meet,   officers,   etc .' .          195 

when,   may   borrow   money ' 197 

president  of,   duties 198 

treasurer  of,   duties .  .  '.  .          200 

when  to  present  estimate  of  money  needed....  ....          201 

statement   of,    relative   to    schools ....          204 

powers  of.   relative   to   text-books .......          205 

not  to  act  as  agents  of  publishers.  .  209 


INDEX.  201 


The   references  .are   to   compiler's   sections. 

BOARD   OF   EDUCATION — Continued. 

authority   of,   to  change  city  districts 230 

to  certify  amount  to  be  raised  for  schools  in  city  districts.  ...... 

when   may   appoint    t  ruant   officers 24."> 

to   furnish    superintendent   with   census   list ' l>4(> 

qualifications  of  certain  teachers,   may  hire li'2~> 

to   vote  tax  for   payment  of  tuition  and   transportation  of  eighth  grade  pupils!  !  325) 

when  may  select  member  of  county  normal  board 332 

to   estimate  cost  of  maintaining  county   normal   training   classes.!!.!!!.!!.!!!!  833 

when  county  clerk  to  draw  order  in  favor  of,  for  county  normal  training  classes.!  330 

when,   may   establish   day   schools  for  the  deaf 348 

in   cities  of  fourth  class,  of  whom   to  consist,  election,  etc 359-362 

(See  state  board  of  education.) 
BOARD    OF     INSPECTORS: 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute..  01 
BOARD    OF    INSTRUCTION: 

of  slate  normal   school,  may  grant  certificates ^s  »•;<) 

BOARD   OF    LIBRARY   COMMISSIONERS: 

(See   state   board   of   library   commissioners.) 
BOARD  OF  SCHOOL  EXAMINERS: 

(See   county   board   of   school   examiners.) 
BOARD  OF  SUPERVISORS: 

to  fill  vacancy  in  office  of  county  commissioner  of  schools 382 

to  vote  on  establishment  of  county  normal  training  classes '. 331 

amount  to  appropriate  for   :;:>.-> 

appropriation  of  money  by,   county   schools   of  agriculture,    manual    training    and 

domestic    science    338 

to  elect  members  of  county  school  board 339 

BOARD   OF   TRUSTEES  : 

of  graded  school  districts,  election  and  term  of  office  of 120 

officers  of,  how  elected,   etc 121 

vacancy  in  office  of,  how  tilled    121 

powers  and  duties   of    122,  161 

consent   of,   to  be  obtained   in  alteration  of  district 123 

financial   statement  of  district   to  be  published  by 161 

penalty  for  neglect  of  duties    162 

in  cities,  proceedings  in  changing  boundaries  of  districts 230 

of  city   districts,   proceedings  relative  to  change  in 230 

may  establish   day   schools   for  the  deaf 348-353 

of  rural  high  schools,   when  and  how   elected 318 

torn'    of  office 318 

meetings   of,    when    held    319 

special,   how   called    319 

powers    of    319 

salary  and  duties  of  secretary  of 320 

BOARDS : 

authorized  to  examine  teachers,  to  collect  fees 234 

BONDS • 

of   treasurer,   by   whom  approved  and  where  filed 72 

two-thirds  vote  required  to  raise  money  and  issue,  in  school  districts. 91 

limitations  as  to  amount  and  time  to  run 91 

tax  may  be  voted  to  redeem 93 

how  may  be  paid    94 

liability   of   county   treasurer  on 109 

on   appeal   from  decision  of   township   board 118 

of  treasurer  of  board  of  education  in  graded  school  districts ,  121 

county  commissioner  of  schools  to   file 173 

of   treasurer   of   township   school    district 200 

when   township  school  district  may   issue 201 

treasurer  of  township  board  of  education  to  give 217 

amount  of,  of  treasurer  of  state  board  of  education 

of  contractor  to   secure  payment  of  sub-contractor 354 

recovery   to  be  had  on 357 

exemption   of   school,    from    taxation 368 

BQOKS : 

who  to  adopt,   for  rural  high  schools 319 

(See  record  books,   library  books  and  text  books.) 
BOUNDARIES  : 

notice  of  formation  of  school  district  to  contain 28 

when  township  board   may  alter,   of  school  districts 

who  to   cause  map  made  showing,  of  school  districts 74 

where    filed 74 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 

procedure  on  change  of,  of  township  school  district 229 

BUILDING   COMMITTEE: 

voters  may  appoint,  for  schoolhouse  and  prescribe  duties 46 

BUREAU   OF    INFORMATION  : 

establishment  of,  in  office  of  superintendent  of  public  instruction 


202 


INDEX. 


The  references  are  to   compiler's   sections. 
C. 

CARDS  : 

children  not  permitted  where,   are  played  .....................................  251 

CENSUS  OF  SCHOOL  DISTRICTS  : 

when  and  how  taken    ..................  /  .............................  •.  .  68,   197,   221 

penalty  for  false  information  to  enumerators  of  ...............................  69 

when  enumerators  of    guilty  of  misdemeanor  ..................................  69 

list  of,   to  be  furnished  teachers  .............................................  246 

list   of  blind   children    ......................................................  254 

CENTRAL  MICHIGAN  NORMAL  SCHOOL: 

act    to    establish    ...........................................................  291  293 

certain  department  to  be  maintained  at  ......................................  301 

CERTIFICATE  : 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed  ..............  56 

of  instruction  in  physiology  when  filed  by  teacher  .............................  61 

copy  of,  to  be  filed  by  director  with  township  clerk  ..........................  61 

to  supervisor,  of  taxes  to  be  assessed  for  school  purposes  ....................  74,  81,  222 

of  court  in  proceedings  to  obtain  site,  what  to  contain  .........................  107 

when  certain   teachers,  to   be  filed   with   commissioner  of  schools  ................  290 

who  may  be  granted,   as  kindergarten,  music,  drawing  teacher  ..................  324 

CERTIFICATES   OF  GRADUATION: 

from  county  normal  training  classes,  who  to  grant.  .  .  .-.  .......................  333 

CERTIFICATES    OF    QUALIFICATION   TO    TEACHERS: 

non-possession  of,   makes  contract   invalid  .....................................  59 

regents  of  university  may  grant  certain  ......................................  ]  65 

when  board  of  school  examiners  may  renew,  without  examinations  ..............  170 

how   must   be   signed  ......................................................  176 

different  grades  of    .........................................................  177 

requisite  qualifications  to   obtain    ............................................  177 

when,   may  be  suspended  or  revoked  ................................  178,   278,   279,   287 

list  of  teachers  having,  to  be  furnished   township   clerk  ........................  179 

record  of,  to  be  kept  by  county  commissioner  of  schools  ........................  179 

fee  to  be  paid  on  obtaining    ................................................  234 

when  granted  to  pupils  of  normal  school.  .'  ...................................  278 

state  board  of  education   may   issue  ..........................................  287 

to  issue,  in  normal   schools  ................................................  301 

of  county  normal   training  classes,   what  to  qualify  ............................  334 

how   may   be   renewed  ................................  334 

CHAIRMAN  : 

duties  of,  first  meeting  of  district  ...........................  .  ................  28 

of  district  meeting  to  give  oath  to  challenged  voter  ............................  44 

may   arrest    disorderly    persons  .............................................  45 

may  be  appointed  in  absence  of  moderator  ..................................  46 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties..  139 

CHALLENGE  : 

of  voter   at  district   meetings  ................................................    44,  1  93 

of  juror  in  proceedings  to  obtain  site  ........................  106 

CHARITABLE    INSTITUTIONS  : 

constitutional   provisions   relative   to    ......  17 

CHILDREN  : 

when  census  list  of  school,  to  be  taken  .......................................    68,  221 

compulsory  education   of    ..................................................  .  .  244-249 

duties  of  police  officers  relative  to  certain  ...............................  '.....  245-249 

not  permitted  in  saloons,  gambling  houses,  etc  ........................  259 

employment    of    .................................................  200 

how  admitted  to  rural  high  schools  .......................  '.'.  .....  319 

(See  pupils.) 

CHII'PEWA  COUNTY: 

proviso  as  to  election  of  county  commissioner  in..  173 

CIRCUIT    COURT  COMMISSIONER: 

to  be  member  of  board  of  appeals  ............  ...............................  117 

CITIES  : 

when  census  in,  to  be  compiled  ............................  68 

certain,  exempt  from  provisions  of  township  district  act*.  T.  190 

proceedings  when,  become  part  of  township  district..  190 
act  relative  to  boundaries  of  school  districts  in  ____                                                              ?30-23'} 

of  fourth   class,  to  constitute  single  district  .......  t.  358 

~T    board  Of  education  in,  election,  etc  ............  359 

CLERK  : 

director  to  be,   of  district  ................  67 

who  to  be,  of  district  board  of  education  217 

trustees  of  rural  high  schools  •  •  '  '               !!!!!!'.!!  1  '.!'.!  1  !!'.!!!  sis 


4 
'          '          ' 


relative  to  the,  of  school   taxes..  7887 

of  judgments  against  districts    .  '  07101 

of  fines  for  injuring  library  books.  .  "  '  120 

of  penalties   ......................  ;  ;  •  •         •         •        •  - 

nf  1ft2ffef8  f?r  n°l  re^rtin£  an<*  assessing  ttett. 


nf 
of 


144 


f  .  ..      .    .  .  .  ..  .  ..... 

institute  fees  from  teachers  .  .  234 


INDEX.  203 


The   references   are  to   compiler's   sections. 

COLLEGE  OF  MINES  : 

entitled  to  report  of  superintendent  of  public  instruction  .......................          313 

COMMISSIONER  OF  SCHOOLS  : 

persons  desiring  to  teach   to  file  certificate  with  ...............................          290 

COMMUNICABLE    DISEASES  : 

methods  of  prevention  of,  to  be  taught  in  schools  ..............................  159-160 

COMPENSATION  : 

of  officers  of  school   district  .............................................  55,   122,   228 

teachers,   how   paid,   etc  .................................................  59,   122,   221 

for    taking    census    ......................................................... 

for  schoolhouse  site  determined  by  jury  ....................................  ...          107 

in  proceedings  to  obtain  site,  of  officers  and  jury  .............................. 

county  board   of  school  examiners,  of  members  ................................. 

of  county  commissioner  of  schools  ............................................ 

of  school   officers  in  attending  county  meeting  .................................          187 

of  officers  in  township  school  districts  ........................................ 

of  members  of  township  board  of  education  ................................... 

of  truant   officers    .......................................................... 

state  board  of  education,  of  members  .........................................          286 

COMPULSORY  EDUCATION  : 

school  boards  may  furnish  books  in  certain  cases  .............................. 

children  exempted    ..........................................................          244 

age  for,  of  children    ........................................................          244 

length  of  time  to  be  sent  to  school  ...........................................          244 

penalty  for  failure  to  comply  with  law  ........................................          246 

establishment   of   ungraded   schools    ..........................................          248 

when   certain   children   to  be  sent  to  ........................................          249 

who  considered  truants  under  act  ............................................  249,  255 

when   children   to  be  sent  to   reformatory   institutions  ..........................          256 

CONCERT   SALOONS  : 

children   not   permitted   in  ...................................................          259 

CONDUCTOR  : 

who  to  be,   of  teachers'  institutes.  .  .  ........  --.  ...............................          ^o7 

CONSTITUTIONAL  PROVISIONS  : 

relative  to  primary  school   interest  fund  .......................................  '        1-2 

relative  to  officers  of,  and  maintenance  of  educational  institutions  ...............         3-17 

CONTRACTOR  : 

bond  required  of,  to  secure  payment  of  sub-contractor  ..........................          o3S 


59,199,122,221 
officers  not  to  be  interested  in,  with  districts  .................................. 

for  furnishing  free   text-books   in  township   districts  ............................          205 

CORPORATE  POWERS: 

of   organized    school    districts  .................................................  «» 

of    teachers'    associations    ...................................................          ~J*jj 

of  state  board  of  education  .................................................. 

of  associations  for  establishing  loan   funds  ....................................          <Wrf 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

election  and  term  of  office  of  ................................................          j?  ~ 

vacancies   in,   how   filled    ....................................................  17^»  I<*K 

schedule  of  meetings  for  special  examinations  to  be  published  ...................          1TO 

may    hold    special    meetings  ..................................................          |£g 

meetings  of,   for  examination  of  teachers  ...........................  ...........          !£& 

to  whom  may  grant  certificates  ..............................................          l  •*? 

grades  of  certificates  issued  by  ................................  •  ..............          *  JJ 

may   suspend   or  revoke  certificates  ...........................................          f  '° 

compensation  of  members  of    ................................................          *°~ 

when  officers  in  certain  districts  may  examine  teachers  .........................          1°;'* 

what   schools  exempt  from   supervision  of  ..................................... 

(See  county  commissioner  of  schools.) 

COUNTY   CLERK  :  Qft 

to  receive  and  dispose  of  communications  of  state  superintendent  ................  °° 

apportionment  of  moneys,   duties   of,    relative   to  ...........................  •  •  •  •   °»  »  £•*•> 

duties  of.  relative  to  reports  .............................................  89»  142'  ff/ 

duties   in  proceedings  to  obtain   site  ..........................................  11U»  *" 

election   of  school   examiners,   duties  of,   relative   to  ............................          f-'j? 

duties  of,  relative  to  election   of  county  commissioner  of  schools  ................          £<«s 

to  draw  order  on  county  treasury  for  institute  moneys  .................  •  .......          ~Y° 

duties  of,  relative  to  distribution  of  laws,  etc  .................................  <*14>  j^g 

when  to  draw  order  for  county  normal   training  classes  ........................          aac 

COUNTY  COMMISSIONER  OF  SCHOOLS:  20 

may  be  removed  for  lack  of  qualifications  ...............  •  •  •  ;  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  •  • 

to  send  blanks  and  list  of  qualified  teachers  to  township  clerk  and  board  of  educa- 


tion 


73 


triplicate  reports  of  township  clerk  made  to '* 

to  be  member  of  board  of  appeals -_2 

when  and  how  elected •>  ~<* 

to  file  bond  and  acceptance  of  office ^ 

term  of  office    •«  70 

election  of,  in  Chippewa  and  Lake  counties 


204  INDEX. 


The   references   are  to   compiler's   sections. 

COUNTY   COMMISSIONER   OF   SCHOOLS — Continued. 

who  eligible  to  office  of   

to  hold   certain   examinations    175 

to   prepare   schedule   for   examinations 175 

may   renew   certificates    

certificates  to  be   signed  by .- 

may   grant   special   certificates 1  77 

powers  and  duties  of    175) 

to  keep  record  of  examinations   •" 170 

to   counsel   with  teachers    179 

what  annual   reports,   to   receive 

to  receive  institute  fees    • 170 

to  receive  instructions  from  superintendent  of  public  instruction 170 

who,  to  furnish  list  of  teachers 170 

duties  relative  to  visiting  schools 170 

compensation   of    180 

expenses  audited  by  board  of  supervisors 180 

not  to  act  as  agent  for  school   books,  etc 181 

vacancy  in  office  of,  how  filled 182 

duties  of,  relative  to  examination  of  candidates  for  agricultural   college 184.  1x5 

to  call  meeting  of  school  officers  of  county 186-188 

annual  report  of  township  school  districts  to  be  made  to 100 

to  furnish  truant  officer  with  list  of  teachers 247 

duties  of,  relative  to  distribution  of  laws,  etc 314,  315 

librarians  to  make  annual  report  to 327 

to  whom,  to  transmit  lists  of  libraries 328 

to  be  member  of  county  normal  board :>:'>:> 

duty  of,  as  to  funds  for  county  normal  training  classes .      •    336 

to  be  member  of  county  school  board 341 

COUNTY   INSTITUTES: 

.  (See  teachers'  institutes.) 

COUNTY  NORMAL  BOARD: 

how   constituted,    duties,    etc 332,  333 

may   renew   certificates    334 

COUNTY  NORMAL  FUND  : 

how   constituted,    etc 335 

COUNTY  NORMAL  TRAINING  CLASSES  : 

how  established,   managed,   maintained,   etc .  .  350-356 

COUNTY  SCHOOL  BOARDS: 

establishment   of    n.'io 

organization   of    340 

apportionment   of  expenses    341 

treasurer   of    34-^ 

COUNTY   SCHOOLS   OF  AGRICULTURE : 

establishment   of    338-347 

apportionment   of    expenses    of 341 

instruction  given  in   343 

COUNTY  SCHOOLS  OF  DOMESTIC  ECONOMY  : 

establishment    of     338  347 

COUNTY    SCHOOLS    OF   MANUAL   TRAINING  : 

establishment    of     338  347 

COUNTY   TREASURER: 

statements  of  apportionment   filed   with *. 80.  135 

to  apply  to  state  treasurer  for  certain  moneys '.)<> 

township  moneys  to  be  paid  township  treasurer  by oo 

to  whom,  to  give  notice  of  apportionment  of  school  moneys 00 

liability  of,  on  bond    100 

money  for  schoolhouse  site  deposited   with ' 100,  114 

apportionment  of  library  moneys  to  be  made  by 136 

to  set  apart  institute  fees  as  institute  fund ;  235 

teachers'  institute  fund  to  be  paid  by,  on  order  of  clerk 238 

vouchers  for  payment  at  teachers'  institutes  to  be  filed  with 241 

when  county  clerk  to  draw  order  on,  for  county  normal   training  classes..  336 

ex-officio  treasurer  of  county   school   board  :U-> 

COURSE   OF  STUDY : 

superintendent  of  public  instruction  to   prepare  and  print 

who  to  prescribe  for  schools    61,  122 

agricultural  college,  to  be  prescribed  for  district  schools 154 

state  board  of  education  to  prescribe    for  normal  schools ...  301 

who   may   prepare  and  publish  certain 313 

who  to  provide  for  rural  high  schools 310 

by   whom   approved    319 

for  county  normal  training  classes    . 

CRIMES  AND  OFFENSES: 
(See  penalty.) 

DAMAGES : 

who  to  prescribe  penalty  for,   to   library   books 129 

DANCE  (HOUSESf-r°m  °ertain  officers  for  neglect  of  duties.  .  144 

children  not  permitted   in 251 


INDEX.  205 


The   references   are  to   compiler's   sections. 

DAY  SCHOOLS  FOR  THE  DEAF: 

shall  be  established    348-353 

to  report  to  superintendent  of  public  instruction , 349 

duties   of   state   treasurer   in   regard   to 350-351 

system  to  be  used   in    352 

who    may    attend    353 

DEAF   CHILDREN  : 

compulsory    education    of    250-252 

DEED  : 

for  schoolhouse  site  to  be  obtained  before  building 54 

DELINQUENT  CHILDREN  : 

punishment    of    persons    responsible    for 258 

DELIVERY  OF  BOOKS.  ETC.,  TO  SUCCESSOR  IN  OFFICE  : 

by    superintendent    of   public    instruction 26 

by   district    officers    ; 67,  72 

DEPUTY    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION: 

appointment  and   duties  of 21 

DIPLOMAS: 

of  graduates  of  state  normal  school 278,   270,  301 

DIRECTOR : 

notice  of  first  meeting  to  be  recorded  by 28 

to  keep  records  relative  to  organization  of  district < 3i' 

to  be  notified  of  alterations  of  district 37 

appointment  of  clerk  in  absence  of 40 

election  and   term  of  office  of 47,   121,  215 

appointment  of.   in   case  of  vacancy 49 

acceptance  of  office  of,  where  and  by  whom  filed 51,  121 

to  be  member  of  district  board 52 

register  of  school  to  be  furnished  to 59 

to   have  custody  of  schoolhouse.   etc 60 

to  file  certificate  of  instruction  in  physiology   with  township  clerk 61 

to  draw  and  sign   warrants,   orders,  etc 67 

to   give   notice   of   meetings 67 

account  of  expenses  to  be  kept  by 67 

schoolhouse  to  be  kept   in  repair  by 67 

to  provide  appendages  for  schoolhouse 67 

to  present   estimates   at  annual   meetings 67 

accounts   of,   how   kept,   audited,   etc 67,  122 

to   be   clerk   of   district 67,  217 

census  list  to  be  filed  with  township  clerk  by 68 

annual  school  census  to  be  taken  by <!S 

reports  of,   to   be  filed   with   township  clerk 70 

of  fractional   district,   to  whom  to  report.  . 71 

and   moderator   to  approve   bond  of   treasurer 

to  be  notified  of  apportionment  of  school  moneys 77 

and   moderator  to   certify   payments  to   supervisor 80 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspectors 91 

and  moderator  to  execute  bonds  of  district 92 

treasurer  to  certify  to,  judgment  against  district 98 

to  be  notified  of  site  fixed  by  township  board 102 

penalty  for  neglect  to  accept  office  or  perform  duties 

may   be   removed   by   towYiship   board : 145 

to  attend  meeting  of  county  school  officers .187 

compensation     187 

to  furnish   teachers   with   census  list 246 

DISORDERLY   PERSONS: 

to  be  taken   into  custody ,  .  . .  45 

juvenile,   who   to  coEstitute    249,  255 

DISTRICT    BOARD: 

to  call  meetings  of  district 41 

school  to  be  provided  by 

how,  may  determine  certain   matters,  when  meetings  fail 46,  222 

election  and  term  of  office  of 47,  120,  215 

vacancy   in,    what  to  occasion 48 

how   filled    49,   121,  218 

who   eligible   to   office   on 50 

acceptance  of  office  by  members 51,  121,  216 

who  to  constitute    52,   120,  215 

certain  books,   blanks,   etc.,   to  be  purchased  by 53 

when  may  sell  certain  property  of  district 

site  for  schoolhouse  to  be  leased  or  purchased  by 54,  221 

to  estimate  amount  for  support  of  schools 55 

when  may  borrow  money  on  strength  of  voted  tax 55 

to   report  taxes  to  be  assessed 56 

moneys  to  be  applied  by,  according  to  law 57 

not  to  pay  money  to  unqualified  teachers 

to  make  statement  of  finances  at  annual  meeting 58,  225 

teachers  to  be  hired  by .  . ' 59,  122 

to  provide  for  water  supply 

when  to  exclude  public  meetings  from   schoolhouse 60 


206 


INDEX. 


The  references  are  to   compiler's   sections. 

DISTRICT   BOARD — Continued. 

to  have  care  of  schoolhouse  and  property 

to  provide  for  instruction  in  physiology 

to  prescribe  text-books  and   courses  of  study 

to  purchase  books  for  indigent  pupils 

may  suspend  or  expel  disorderly  pupils 

to  establish  rules,  etc.,   for  school 63,  221 

to  classify  pupils    64,  122 

may  admit  non-resident  pupils  to  school 

ra tes  of  tuition  for,   how   fixed 65 

director  to  be  clerk  of 67,  217 

to  appoint  persons  to  take  school  census 08,  Jtil 

when  to  provide  for  deposit  of  moneys 72 

to  estimate  amount  necessary  for  sites  and  buildings 

when  may  issue  bonds 

to  apply  for  jury  in  suit  to  obtain  site 

to  be  trustees  in  graded  school  districts 120-123 

district  library  to  be  managed  by 132,  221 

report   of,   relative   to   libraries 133-134 

may  donate  or  sell  books  to  township  library 

kindergarten   to  be  provided   by 155-158 

financial  statement  of  the  district  to  be  published  by 

United  States  flag  to  be  provided  by 

to  be  trustees  in  township  school  districts 

qualifications  of  certain  teachers,  may  hire 325 

duties  of,  as  to  teachers,  etc.,  for  county  normal  training  classes,. 335 

when  day  schools  for  deaf  may  be  provided  by 348  353 

(See  district  officers.) 

DISTRICT   LIBRARIES: 
(See  libraries.) 

DISTRICT    MEETINGS: 

notice  of,  on  formation  of  new   district 28  214 

when  annual,  to  be  held   40,  217 

when  special,  may  be  called    

notice  of,  to  indicate  the  business '   41 

notice  of.    what  to  specify 41,42 

who  eligible  voters  at   43 

relative  to  challenging  voters  at 44 

penalty   for  disorderly   conduct   at 45 

to   give  directions  regarding  suits 46 

to  direct  sale   of  property 46 

powers  of  annual    , 46,  1 22 

when  clerk  and  chairman  may  be  appointed  at 46,  217 

what  board  to  determine  in  case  of  failure  of  certain 46,  222 

limit  of  taxes  that  may  be  voted  at 46,  222 

officers  to  be  elected  at   47,  120,  215 

to  fill  vacancy  in  district  office 49 

board  to  make  financial  statement  to  annual 58 

to   determine   uses   of    schoolhouse 60 

moderator  to  preside  at    66 

director  to  give  notice  of •.  67 

may  vote  on   issuance  of  bonds 91 

may  vote  tax  to  pay  money  borrowed 93 

voters  at,  may  designate  site.  .  102 

DISTRICT  OFFICERS: 

election  and  term  of  office  of 47,  120,  2 1  5 

when  may  be  appointed 49.   121,   217 

who  eligible  to  election   as 50 

acceptance  of  office  of 51.  ]  21 .  2 1 1> 

amount   of  tax   for   service  of 55 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

may  be  removed  by  township  board 1 45 

payment   for   services   of   township.  .  .  ., L'OK 

compensation   of    228 

(See  treasurer,  director,  moderator  and  district  board  V 

DISTRICT  SCHOOLS  : 
(See  schools.) 

DOG   TAX: 

apportionment  of   surplus    27-> 

DOMESTIC    ECONOMY,    COUNTY    SCHOOLS    OF  :  ' 

establishment    of    338-347 

appropriation    for    .  .  333 

instruction   given    in    . 

DRAWING  TEACHERS: 

act  to  define  qualifications  of   , 324  326 

EDUCATION  : 

constitutional  provisions  relative  to   .  1-17 

EIGHTH  GRADE: 

payment  of  tuition  and  transportation  of,  pupils ..329-330 


INDEX.  207 


The   references   are   to   compiler's   sections. 

ELECTION  : 

who  legal  voters  at,  in  school  district 43 

when,   of  district  officers  held    47,  121,   215 

who  eligible  to,  in  school  district   > .  .  .  .  50 

regulations  at,  to  vote  on  issuance  of  bonds   91 

of  members  of  county  board  of  school  examiners   172 

of  county  commissioner  in  Chippewa,  when  held,  etc 173 

township   school   district,    how   conducted,   etc 192 

special,   for   bonding,   ballots,    etc 201 

city  districts,  election  of  officers  by  joint  boards 23O 

for  submitting  question  of  rural  high  schools,  where  held   317 

form  of  ballot  used  at 317 

submitting  question   of  establishment  of   schools  of  agriculture,   etc 338 

of  school   trustees  In  cities  of  fourth  class 359-362 

ELECTORS : 

who  are  qualified 

may  discontinue  school  and   send   pupils  to  another   district 4<J 

when,  may  vote  to  organize  township  school  district. 189 

township    school    district,    qualification    of 191,  201 

when,   may  appeal  from  action   in  formation  of 213 

when  question  of  rural  high   school   submitted   to 310 

ELIGIBILITY    TO    OFFICE  : 

in   school   districts    50 

EMPLOYMENT: 

of  teachers    5J»,   122,   156,  221 

of  persons  to  take  school  census * 68 

of  officers,   etc "     122 

of   children    260 

ENGLISH   LANGUAGE  : 

instruction  to  be  conducted  in   11 

ENUMERATION    OF  CHILDREN  : 
(See  census.) 

ENUMERATOR.   CENSUS  : 

duty   of,   data   required 68 

when,  guilty  of  misdemeanor 69 

ESCHEATED  ESTATES : 

application  of  interest   from   sale  of  • 14 

ESTIMATES : 

of  amounts  to  be  raised  by  tax    55,  67,  221 

EVIDENCE : 

of  organization    of   district 

in   proceedings   to   obtain   site    

of  regularity  in  proceedings  to  remove  officers. 145 

EXAMINATION  : 

of   proposed    site    by   jury    *P7 

meetings   for,    of   teachers    •  •••          1'° 

of  teachers  by  county  board  of  examiners 175,   176,  184 

questions  for.    of   teachers    

of  reports   by   county   commissioner 

of  teachers  by  officers  in  certain  districts 

of  applicants  for  admission  to  agricultural   college Io4,  18«> 

fees  to  be  collected  from   teachers  for f&* 

of  teachers   by   state  board   of  education 

of  applicants  for  state  certificates   28« 

EXAMINERS  : 

may  be  removed  for  lack  of  qualifications •          o20 

of  teachers  to  collect  fees -JJ3 

to  pay   same  to   county  treasurer 2oa 

(See  county   board  of  schoo.l   examiners.) 

EXECUTION  : 

not  to  issue  against  school  district »' 

EXPENSES: 

incidental,    estimated   by   board gjjj 

estimates  of.  to  be  presented  at  annual  meeting 67,  ~2n 

of    commissioners    limited    

teachers'   institutes,   how   paid 

state  institute,  how  paid    

vouchers  for,  of  teachers'   institute,  where  filed -41 

F. 

1^  "p1  TT  Q  • 

to  be  paid  by   teacher  on  obtaining  certificate ~ 

disposition  of,  collected  by  director  and  secretary *®o 

FEMALES  :  ._ 

may  vote  at  school  district  meetings    

eligible  to  district   offices    

FINES:  1A 

how  applied  for  breach  of  penal  laws   *? 

for  disturbing  district  meeting   

for  disturbing  school    


208  INDEX" 


FINES — Continued. 


The   references   are  to   compiler's   sections. 


on  census  enumerator  for  making  false  returns 

i ^«1«^»      ln<F^ti*mn  f  tnn       i  f\      f»f*r>ftnS3      PHI!  171  OrfLr.Or  .    ......" 

121) 


giving""faise   information    to   census   enumerator 

for  damages   to   library   books 

apportionment  of.   for  breach  of  penal   laws 


(See  penalties. ) 
FLAGS : 

who   to  purchase   I".    S.,    for   schools 

FORM  OF  OATH  : 

of  challenged   voter    

FORMS,    BLANK: 

(See  appendix.) 
FOURTH  CLASS  CITIES: 

to   constitute   single   school    district 

board  of  education   in.   of  whom   to  consist,   elections,   etc •>.>.) 

FRACTIONAL    DISTRICTS  : 

(See  school  districts;  also  township  board.) 
FREE   SCHOOLS : 

to   be   provided 1 1 ,  -  n 

FREE   TEXT-BOOKS  : 

'     (See  text-books.) 
FUNDS : 

educational 

library 

teachers'   institute    

of  associations   for  establishing  loan 

for  "maintaining  day  schools  for  the  deaf •>"><) 

G. 
GAMBLING  : 

children  not  permitted  in  rooms  used  for 2.>!> 

GENERAL  FUND: 

taxes  for  incidentals,  deficiencies,  etc.,  accounted  for  under r>.> 

GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of    

organized  prior  to  1907,  act  to  govern 

notice  of  intention  to   organize : 120-1! 


election  and  term  of  office  of  trustees  of 120, 

officers  of,  to  be  elected  by  trustees 

credit  of  school  tax  on  tuition  of  non-resident  pupil 

powers  and  duties  of  trustees 121, 

not   limited  to  nine  sections  of  land. 


24 
21 

•_>0 

23 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries 

two  or  more  contiguous   districts  may  organize 

change  of,  to   primary   district 1 2.~> 

publication  of  financial  statement  of 

proceedings   when,   becomes  part  of   township  district 100 

(See   school  districts.) 
GRADES  OF  CERTIFICATES: 

of   teachers    177 

GRADING  : 

of  pupils  not  prevented  in  any  district 

in   graded    school    districts 122 

HIGH  SCHOOLS: 

may   be  established    in   certain   districts 122. 

act  to  establish   rural    316-32:', 

providing  for  payment  of  tuition  and  transportation  to,  of  certain  pupils 329-330 

(See  graded  school  districts.) 

I. 

INCIDENTAL  EXPENSES : 

estimated  by   district   board ">."> 

INDEBTEDNESS  : 

of  districts    5H 

(See  bonds.) 

INDIANS : * 

when  children  of,  not  included  in  census.  .  08 

INDUSTRIAL   EDUCATION  : 

state   commission   on.    etc .  .  363-360 

INSTRUCTION  :" 

to  he  conducted   in  the  English   language..  11 

INSURANCE   MONEYS : 

how    used    ">86 

INTEREST : 

apportionment  of.  on  state  funds 13.  23 

on  bonds  limited    <>j 

tax  may  be  voted  to  pay .  .  .   '.'.' 93 

on  judgment  against  district    101 

on  moneys  lost  by  certain  officers 141-142 


INDEX.  209 


The   references   are   to   compiler's   sections. 

J. 

JOINT    MEETINGS: 

of   township   boards    30.   117,   220 

relative    to    township    school    districts 100 

,iri)GE   OF    PROBATE  : 

to  participate  in  tilling  vacancy  on  board  of  examiners 172 

JUDGMENTS: 

assessment   of  taxes  for  payment  of X2 

and   suits  against    school   districts,    sections   relative    to 1)5-101 

execution  not  to  issue  on 1)7 

when  rendered   in  proceedings   to  obtain   site 108 

JURY: 

board   may  apply   for.    in   proceedings   to  obtain   site 103  107 

JUSTICES  OF  PEACE: 

to  hear  cases  under  compulsory  education  act 247 

proviso,    as    to    cit  ies 247 

JUVENILE    DISORDERLY    PERSONS  : 

penalty  for  failure  of  parent  or  guardian  to  send,  to  school 246 

proceedings  against  parents  of,  for  neglect  of  duty 247 

to  be  sent  to  ungraded   schools 248,  24!) 

who  deemed,  or  truants 249,  253 

K. 

KINDERGARTEN  : 

duty   of   (list rict   board    relative   to 15.") 

qualifications   of,    teachers 156,    324-326 

children   entitled   to  attend 157 

act   to  apply   to  other  schools 158 

L. 

LABOR  : 

act    to   secure   pavme'it    to   sub-contractors   for 354-357 

LAKE    COUNTY: 

election  of  county  commissioner  of  schools  in 173 

LAND: 

limit  of  tax  on,   for  building  schoolhouse 

when  not   taxed  for    > .  46 

proceedings   to   obtain,   for   schoolhouse  site 103-116 

LAWS.    DOCUMENTS,    ETC.: 

rules  and   regulations   for  libraries,  course  of  study,  who  to  print  and  distribute.. 

duty  of   commissioners  and  county  clerk  in  distributing .' .  .  .314,  315 

LEASE : 

for  schoolhouse  site,  who  to  secure,  length  of,  etc 

duration  of,   of  land   for  schoolhouse 1^7 

LIABILITIES: 

.of  township  clerk  for  neglect  to   report 

of   county  clerk    

of  supervisor   in   regard   to   district   taxes 

debts  and    when  assumed  by  township  district 

of  parent  or  guardian  for  failure  to  send  child  to  school 

(See  penalties.) 

LIBRARIAN  : 

township,  when  and  by  whom  appointed,  duties,  etc 

LIBRARIES:  ' 

establishment   of,    constitutional   provisions   relative   to 1« 

rules  for,  by  whom  made -L>  |'~j* 

maintenance  of,   in   township  or  city J** 

township  board  may  dispose  of,  or  plan  merger  of,  into  free  public 12<) 

provisions   relative  'to    ioa  of? 

books   for  township,   by    whom   purchased •"<*>  --1 

care   of,  etc.,   who   to  have 

librarian  of  township,  by  whom  appointed,  duties,  etc i«>u 

where   kept    Jg« 

when   school   district   may   establish «»* 

township   clerk    to    report    statistics    of *«™ 

funds    for,    when    forfeited 

superintendent  of  public  instruction  to  furnish  statement  of  townships,  etc.,  en- 

titled  to    i9K  Jsl 

apportionment    of ld°'  i™ 

tax  for  support  of,  how   levied,   collected,   etc **' 

district  board  may  sell  or  donate,  books  to  township |«c 

school  officers  not  to  act  as  agents  for,  books : 

librarians  to  report   to  school   commissioner 


327 


to  whom  to  transmit   list 


328 


LIBRARY  BOOKS:  .,00 

sale  of    

LIBRARY  COMMISSIONERS  : 

(See  state  board  of  library  commissioners.) 

27 


210  INDEX. 


The  references   are  to   compiler's   sections. 

LIBRARY  MONEY: 

when  district  to  forfeit    

superintendent  of  public  instruction  to  forward  statement  of 

apportionment  of  136 

LIFE  CERTIFICATES  : 

authority,  revocation  and  filing  of 1GG 

LIQUORS  : 

minor  children  not  permitted  where,  are  sold 259 

M. 

MANUAL  TRAINING,    COUNTY   SCHOOLS   OF: 

appropriation  for 

instruction  given  in   , 343 

admission  of  pupils    345 

MAPS  : 

of  tewnships.  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc....  74 

filing  of,  showing  change  of  boundaries  in  city  districts 230 

MATERIAL  : 

act  to  insure  payment  of  sub-contractors  for 354-3") 7 

MEETINGS  : 

joint,  of  township  boards  of  several  townships 30,  220 

when  schoolhouse  used   for  public fin 

of  township  boards,  in  cases  of  appeal 1 17,  111* 

for  examination  of  teachers,  when  and  where  held , 175,  170 

township  school  districts,   of  township  board  for  organization  of 189 

annual   in,  notice,   etc 192,  190 

of  board  of  education  in 195. 

of  board  of  education   217 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc 319 

(See  district  meetings.) 

MEMBERS  : 

of  district  board,  who  to  constitute 52 

number  of,  of  board  of  trustees  in  graded  school  districts 120,  215 

term   of  office 120 

of  board  of  county  school  examiners,  by  whom  appointed,  etc 172 

MICHIGAN  EMPLOYMENT  INSTITUTION  FOR  THE  BLIND: 

transfer  of  pupils  from  Michigan  school  for  blind  to 253 

MICHIGAN   SCHOOL  FOR  THE  BLIND: 

compulsory  education  of  blind  children  at 253,  254 

MICHIGAN   SCHOOL  FOR  THE  DEAF: 

compulsory  education  of  deaf   children  at 250,  251 

MISDEMEANOR : 

when  census  enumerator  guilty  of  a 09 

officers,  teachers,  etc..  interested  as  agent  for  publishers  deemed  a 14<> 

when  parents  deemed  guilty  of  a 240 

MODERATOR : 

to  give  oath  to  challenged  voter 44 

chairman   at  district  meetings 46,  217 

election  of,  term  of  office,  etc .  .  ? -. 47 

appointment  of,  to  fill  vacancy 49 

acceptance  of  office,  where  filed • 51 

to  be  member  of  district  board 52 

treasurer  and,  to  audit  and  pay  accounts  of  director 00 

and  director  to  approve  bond  of  treasurer 7- 

penalty  for  neglect  to  perform  duties 140 

may  be  removed  by  township  board t 145 

(See  district  board.) 

MONEYS : 

primary  school  fund,  what  to  constitute 1,2 

when  withheld  from  certain  districts 11 

apportionment  of,   by  superintendent  of  public   instruction 23-25 

of  primary  school  interest  fund 76,  90 

of  districts,   when  dividing,  how  apportioned 38,  39,   229 

districts  entitled  to  receive  primary  school  interest  fund 40 

entitled  to  receive  certain    : 46,  79 

when  board  may  borrow,  on  strength  of  voted  tax 55 

primary  school  interest  fund,  to  be  used  only  for  teachers'  wages 5~ 

sectarian  schools  barred  from  public 5 

district  board  to  apply  school,  according  to  law 5. 

to  make  report  of,  at  annual  meeting 58,  22, 

orders  for  certain,  by  whom  drawn  and  signed 0 

disposition  of,  collected  on  bond  of  treasurer 72 

district  board  to  provide  for  deposit  of 72 

apportionment  of,  to  districts  by  township  clerk .  .76,  77,  222 

raised  for  school,  tax,  how  apportioned 77 

duties  of  township  treasurer  relative  to  collecting  school    .....  .  .  .  .72,  78,  8? 

relative  to  paying   85,  87,  221 


INDEX.  211 


The   references   are  to   compiler's   sections. 

MONEYS — Continued. 

accrued  from  one-mill  tax.  how  used 79 

paid  by  old  districts  to  new,  how  applied 80 

school,  to  be  paid  next   to  township  expanses 85 

payment   of,    to   fractional   districts 87 

county  treasurers  to   apply  for,   appropriated 90 

to  notify  township  clerk,  etc 90 

limitations  as  to  districts  borrowing , 91 

when,  for  site  deposited  with   county  treasurer 109, 114 

library,   when   forfeited    134 

proviso  as  to  non-forfeiture 134 

statement  of  townships  to  receive,  where  filed,  etc 135 

apportionment   of    136 

how  used    136 

apportionment  of,  collected  on  account  of  neglect  of  officers 143 

officers   illegally   using,   to   be   removed 145 

township  school  district,  amount  of,  estimate  for  schoolhouse. 197 

custody  of,  where  deposited,  etc 200 

when  certain,   to  become  township  school  money 207 

who  to  app.ly  for,  appropriated  for  primary  schools  and  libraries 221 

public,  definition  of    264 

to  be  kept  separate  from  other  funds 265 

how   used    266 

interest  on,   what  to  constitute 267 

public  officer  not  to  receive  consideration  for  depositing 268 

penalty   for  illegal   payment  of ,  271 

disposition  of  insurance    .    280 

boards  of  trustees  of  rural  high  schools  may  borrow 319 

(See  taxes.) 
MONTH,  SCHOOL: 

of  what  to  consist ' 59 

MUSIC   TEACHER: 

act  to  define  qualifications  of 324-326 

N. 

NEGLECT : 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice 139 

of  district  officers  to  perform  duties 140.  162 

liability  of  township  clerk   for,   to   report,   etc 141 

1  of  county  clerk  for  not  transmitting  reports 142 

of  supervisor  and  township  clerk  in  regard  to  taxes.  .  > 144 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor 246 

NON-RESIDENT: 

when  may  be  attached  to  district 36 

admission  of,  pupils,  tuition,   etc 65 

tuition  of,  pupils    122 

credit  of  school  tax  on  tuition  of,  pupils, 122 

NORMAL  SCHOOLS  : 

state  board  of  education  to  prescribe  courses  of  stud}',  grant  diplomas,  etc.,  in....  301 
(See  state  normal   school.) 

NORMAL  SCHOOL  FUND: 

origin   of    284 

who  to  have  care  of 285 

NORMAL  TRAINING  CLASSES  : 

act    to   establish    331-337 

(See  county  normal  training  classes.) 

NORTHERN    STATE    NORMAL    SCHOOL : 

act    to   establish    295-297 

NOTICE  : 

superintendent   of   public   instruction   to   give,   of   apportionment   of  primary   school 

fund    23,  135 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district 28 

of   first  meeting  in  new  district 28,  214 

by  township  clerk  when  new  district  fails  to  organize 

of  meeting  of  township  board  to  form  fractional  districts , 

to   alter  boundaries    

of  special  meetings   of  district   board,   when  and   how  given 41 

of  district  meetings,  to  be  given  by  director 42,  67 

of  township  clerk  to  supervisors  of  school  taxes 75,  222 

who   to  give,   to  directors   of   moneys   to   be  appropriated 

of  apportionment  of  moneys  to  districts,   to  whom  given 77 

of  supervisor  arid  treasurer  of  taxes  assessed 81-83 

treasurer  to  give,  of  money  in  his  possession 86,  224 

county  treasurer  to  give,  of  moneys  apportioned 

of  meeting  of  district  to  borrow  money 

In  proceedings  to  obtain  site,  how  given 

of  meeting  to  organize  as  graded  school  district 

of  township  board  of  proceedings  to  remove  officer 145 


212 


INDEX. 


The   references   are   to   compiler's   sections. 

NOTICE  —  Continued. 

teachers'  examinations,   how  given    ........................................... 

to  teachers  of  intention  to  revoke  certificate  ...................................  17$ 

township  school  district,  of  election  for  organization  of  ........................ 

of  annual   meeting   in    .  ...................................................  102 

relative  to  changing  boundaries  in  city  districts  ...............................  2  MO 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given  ........  240  247 

teachers'  associations,   of  formation   of,  how  given  .............................  201 

subcontractor  to  give  written,  what  to  state,   etc  ..............................  355 

O. 
OATH: 

deputy  superintendent  of  public  instruction  to  take  ............................ 

tendered  to  'challenged  voter  at  district  meetings.  .............................    44,  15)3 

to  be  taken  as  to  correctness  of  census  list  .................................... 

of  juror  in  proceedings  to  obtain  site  ........................................          107 

of  office,  members  of  board  of  school  examiners  to  take  ........................  172,  17M 

OFFICE  : 

acceptance  of,  to  be  filed  ................................................  ~,2,  1  21  .  21  0 

term   of.  of  board  of  school  examiners  ........................................          172 

OFFICERS: 

having  charge  of  records  to  furnish  facilities  for  examination  ...................  f>3 

ONE-MILL  TAX: 

disposition  of   surplus    ......................................................  55 

assessment,   collection  and   disposition  of  ......................................  70 

(See  taxes.) 

ORAL  METHOD: 

to  be  taught  in  day  schools  for  deaf  .........................................  352 

ORDERS  : 

on  treasurer  to  be  countersigned  by  moderator  .................................  GO 

to  be  drawn  and  signed  by  director  ........................................  07 

of  township  clerk  on  treasury  for  library  moneys  ..............................  128.  221 

(See  warrants;  also  moneys). 

ORGANIZATION  : 

formation,   etc.,   of  new  districts  .............................................       27-M2 

of  graded  school   district    ..............................................  120-1  ->5 

of  township  school  districts   in  upper  peninsula  .......................  !  214  220 

(See  school,  districts;  also  township  board.) 

PARENTS  AND  GUARDIANS: 

entitled  to  vote  at  district  meetings  ...................  43 

required   to   send   children  to  school  .......................................  i_>4-4 

duties  of   truant   officers   relative   to  ........    .....  »4G 

liability  for  not  sending  ..................  .  ->4r; 

proceedings   against    ........  •>  47 

PENALTIES  AND  FORFEITURES  : 

not  maintaining  five  months'  school  .....  ,  .............  11 

district  for  not  maintaining  certain  length  of  school..  "  4(]    70    °°1 

census  enumerators  for  making  false  returns  ........  GO 

s-iving  false  information  to  census  enumerator  .......  '.  GO 

damages  to  library  books  ....................  !>>() 

taxable  inhabitant  for  neglect  of  duties  In  formation*  of  district!  '.  lii!) 
istrict  officers    neglect  to  accept  office  or  perform  duties..                                            140  ^10 
township  clerk,   for  neglect  in  transmitting  reports 

county   clerk,    for  not   transmitting   reports  ____  14-> 

moneys  collected  for,  how  applied  ............ 

supervisor  and  clerk's  neglect  regarding  taxes.' 

neglect  to   teach  prevention   of  diseases  ......  100 

.strict  officers,   for  not  publishing  financial   statement  '.'.'.'.  102 
not  purchasing  IT.  S.  flag  ............ 

parent  or  guardian  not  sending  children  to  'school!!  246 
relative   to   school   attendance   by   blind   children 

relative  to  persons  responsible  for  delinquency  of  children"  ^'-,S 
for  allowing  children  to  remain  in  saloons,   etc 

pFRjuRY^yment  of  pnblic  monevs  .........  ____  !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!       271 

what    deemed    .-..  . 
PERMIT  : 

PHYSIOLOGY"-  employment  of  children  .....................................        260 

.  dangerous  diseases  ............................       15° 

to  be  taught  in  all  public  schools..  r, 

to  Climply  '  •'*  '":  ::::::::::::::::::: 


apprOTed'  et=-  •  :::::.::  :::::::::::::::  :«.-  1«.  2)8 


to  be  kept  when  voting  on  -issuance  of  bonds 


INDEX.  213 


The   references   are   to   compiler's   sections. 

POOR  CHILDREN  : 

to   be  furnished   with  text-books 62 

PRIMARY   SCHOOLS : 
(See  schools.) 

PRIMARY   SCHOOL   INTEREST   FUND  : 

constitutional    provisions    respecting    1,  11 

live   months'   school  to   be  maintained  to   secure 11 

apportionment   of    „ 23 

proceedings  in  case  of  defective  returns  of 24 

when  deficiency   may   be  apportioned 25 

time  school    to  be  maintained   to   secure 46 

to   be   accounted    for  under   "Teachers'    wages   fund" 55 

to  be  used  only  for  teachers'  wages 57 

duty   of  township   clerk  in  distributing 73 

how  apportioned  to   districts    76,  217 

county  clerk's  duties  relative  to 80 

comity    t rensurer's   duties   relative   to    90 

PROCEEDINGS : 

against   school   districts 95-101 

to  obtain  schoolhouse  site    / 102-110 

in   case  of  incumb ranees 

upon  appeal   from  action  of  township  board 117-119 

for   removal  of  officers    145 

PROPERTY : 

when  township  board  may  sell  district 

to  be  apportioned  on  division  of  district 38  39 

when  sale  of  district,  may  be  directed  by  voters.  .  . 46 

care   and   preservation   of   district 60  122 

disposition  of.   in  forming  township  districts 

to  be  apportioned   on  division  of  township 

of  teachers'  associations   262 

PUBLIC   BUILDINGS  : 

act   insuring  payment  of  subcontractors  in  repairing,  etc 354 

PUBLICATION: 

of  financial   statement  by  school   board 161 

PUBLIC    LIBRARIES  : 
(See  libraries.) 

PUPILS  : 

when  may  be  suspended  or  expelled 

who  may  be    64 

classification    of    '. •  •  •    64,  122 

admission  of,  to  schools 64,  65,  122,  157 

1  uition   of   non-resident    65,  197 

in  graded   school   districts,    promotion    of,   in 

township    school   district,   rate  of   tuition   to  non-resident 197 

admission   of,    to    normal    school 

providing  for  payment  of  tuition  and  transportation  of  eighth  grade 329-330 

Q. 
QUALIFICATIONS: 

of  voters   at    district  meetings 


QUESTIONS: 

of   examination    for    teachers    1 '  (» 

R. 

REAL   ESTATE : 

board  of  trustees  of  rural  high  schools  may  hold •  •          319 

UECOK1>: 

director  to  keep,   of   proceedings •' 28.  (>7 

director's,    to   be   evidence  of  organization  of  district 

who  to  keep,  of  acceptances  of  office 

who  to  provide,  books  for  proceedings  of  district  meetings 

officers  having   charge  of,  to  furnish   facilities  for  examination ^        j>3 

of   report   of   taxes   to   annual   meeting 5°,  -!.•> 

teacher  to  keep,  of  pupils    gjj 

of  moneys  to   be  kept  by  district  treasurer <- 

to  be  kept  of  consent  of  trustees  in  alteration  of  graded  school  district 1^ 

of  certificates  granted  to  teachers,   who   to  keep 

who  to  keep,  of  examinations  held  by  board  of  school  examiners.  .  . l<*» 

REGENTS :  _ 

of   the   university,   how   elected,    etc D'i 

may  errant  certain  certificates    

REGISTER :  ra 

of  school  to  be  kept  by  teacher 

REGULATIONS:  991 

for  government  of  schools    • °*«  ~f 

at  elections  to  vote  on  issuance  of  bonds " .*J* 

for    government,    etc.,    of   libraries *•» 


214 


INDEX. 


The  references   are  to   compiler's   sections. 

REMOVAL : 

of  certain  officers  by  governor 

from  district  to  vacate  office 

of  schoolhouse  from   leased  site 

of  officers  in  graded  school  district 

of  officers  by  township  board    145 

REPAIRS  : 

(See  schoolhouses.) 
REPORT: 

superintendent  of  public  instruction  to  make  annual,  to  governor 

district  board  to  make,  at  annual   meeting 58,  225 

directors  to  make  annual 

of  director,  where  filed    70,  73 

to  whom  made  in  fractional  districts 

township  clerk  to  make   triplicate 

board  of  education  to   make   triplicate 

township  clerk  to  make  certain,  to  treasurer  and   director 77 

supervisor  to,  taxes  assessed  to  township  treasurer 

township  clerk's   duties   relative   to 

of  township  clerk  and  board  of  education  relative  to  libraries 133-134 

liability  of  officers  for  failure  to  make 141-14: 

to  whom  academies,  etc.,  to  make 

county  commissioner  of  schools  to  make   179 

'township  school   district,   annual,   what  to  contain,   etc 199 

of  school  moneys  received,  when  made,  etc 200 

state  board  of  education  to  make,  to  legislature 

publication,  etc.,  of,  'of  superintendent  of  public  instruction 313-315 

board  of  trustees  of  rural  high  schools  to  make  certain 

board  maintaining  day  schools  for  deaf  to  make 348 

RESIDENTS  : 

notified  of  first  meeting  in  school  district 

qualifications  of,  to  vote  at  district  meetings.  . .  * 

rights   of,   to  attend   school 64 

exceptions  of,   in  school  census 68 

REVOCATION  OP  TEACHERS'  CERTIFICATE  : 

by  board  of  school  examiners 178 

by  state  board  of  education   278,  279,  287 

RULES : 

(See  regulations.) 
RURAL  HIGH   SCHOOLS: 

an   act  to  establish 316-323 

when  question  of,  submitted  to  electors 31  P. 

board  of  trustees  of,  when  and  how  elected 318 

term   of  office    318 

duties   319 

S. 

SALE  OF  PROPERTY: 

when,  made  by  township  •  board 38 

to   be  directed  by  district 46 

when  made  by  district  board 54 

SALOON : 

children  not  permitted  in,  gambling  houses,  etc 2fv9 

SALT  SPRING  LANDS: 

interest  on  proceeds  from,  application  of 15 

SCHOLARS : 

(See  pupils.) 

SCHOOL : 

to  be  free   11,214 

to  be  maintained  at  least  five  months 11 

when,  may  be  discontinued  in  a  district 46 

time  necessary  to  be  maintained 46,  221 

who  to  fix  minimum  length  of  time  of 46,  221 

who  to  estimate  and  vote  taxes  for  support  of 55,  222 

not  to  be  sectarian    57 

register  of,  to  be  kept  by  teachers 59 

district  board  to  prescribe  text-books  for 61 

pupils  may  b-e  suspended  or  expelled  from.  ...  63 

penalty  for  disturbing 63 

district  board  to  establish   regulations   for......  63,221 

resident  pupils  admitted  to 64 

not  to  be  separated  on  account  of  race .  64 

statistics  of.  to  be  reported  by  director 64 

may  be  graded   : ......  64.  122 

admission  of  non-resident  pupils  to .65^  197 

visitation   and   examination   of ...  179 

children  of  certain  ages  required  to  attend  244 

when   ungraded,   to  be  established 248 

children  attending,  not  permitted  in  saloons,  etc  259 

training,  in  connection  with  state  normal . .  277 


INDEX.  215 


The  references  are  to   compiler's   sections. 

SCHOOL— Continued. 

persons  desiring  to  teach,  with  whom  to  file  certificate 290 

who  to  publish  course  of  study,   etc.,   for  certain 313 

act  to  establish   rural  high 316-323 

board  of  trustees  of  rural   high,  to  visit 319 

in  cities  of  fourth  class,  board  of  education,  etc .  .  358-359 

SCHOOL   APPARATUS: 

provision    for .• 46 

SCHOOL   BOARD : 

(See  district  board.) 
SCHOOL  BOOKS : 

(See  text-books.) 
SCHOOL  CENSUS : 

when    and   how   taken 68 

SCHOOL   DISTRICTS  : 

of  what   composed 27 

to   be   numbered    27 

formation   of    27-32 

formation   of  fractional    30 

when   deemed    legally   organized 31 

when   may  be  dissolved 31 

corporate   powers    of    .  .  : 33 

name  and  style  of 33 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 35 

when  persons  outside  may  be  attached 30 

alterations  to  be  reported  to  director 37 

division  of  property  in  forming  new,  from  old 38 

meetings  of,  when  hold,  etc 40-46,  21 7 

may  borrow  money  on  strength  of  voted   tax 5,1 

who.  to  make  annual  report  of .' 58,  225 

who  to  appear  in  suits  for  or  against 72 

map   showing  boundaries   to   be  made •. 74 

moneys  to  be  apportioned  to 76,  77 

when  moneys  paid  by  old,  to  new 80 

levy  and  collection  of  taxes  in  fractional 81 

may  borrow  money  for  sites  and  buildings 91 

to  pay  indebtedness    94 

may  vote  to  pay  money  borrowed ' 94 

suits    and    judgments    against 95-101 

judgments  against  fractional 100 

appeal  from  action  of  township  board 117-119 

what  districts  may  organize  as  graded 120,  124 

organization    of,    etc.,   graded 120-125 

change  of,   from   primary  to  graded , 125 

officers  of,  when  to  deliver  books,  etc.,  to  township  board  of  education 189 

township   school   districts,   organization  of 190 

township  organization  of    214-229 

change  of  boundaries  of  city 230-233 

who  to  provide  course  of  study,  etc.,  for , 313 

providing  for  transportation   of  certain  pupils  in 329-330 

officers  of,  to  require  bond  to  insure  payment  of  subcontractors 

cities  of  fourth  class,  to  constitute  single 358 

board  of  education,  election,  etc 359 

SCHOOL   EXAMINERS  : 

(See  county  board  of  school   examiners.) 
SCHOOLIIOUSES  : 

when  certain  persons  not  liable  to  tax  for  building 

not  needed  may  be  sold 38,  46,  54 

building  committee   may   be   appointed 

district  to  vote  tax  for  appendages  to 

district  to  direct  the  procuring  of,  sale  of 

when  land  not  to  be  taxed  for  building 

tax   for   repairing,    limited » 

repairs   to,   who  to  make,   etc 

site  for,  to  be  purchased  or  leased 46,  54,  221 

tax   for  building,    limited 46,  222 

board   to   procure    54, 221 

district  board  to  have  care  of,  etc , 

when  open  or  closed  for  public  meetings 

director  to  provide  appendages  to 

limitation  of   indebtedness  to  build 

bonds  may  be  issued  to  build 91 

sale  of  tax  homestead  lands  for  sites 367 

SCHOOL  MONEYS: 

(See  moneys.) 
SCHOOL  MONTH : 

of  what  to  consist    

SCHOOL  OFFICERS  : 

not  to  be  interested  in  any  contract  with  district 

county  commissioner  to  call  meeting  of,  of  county 186-188 


21G  INDEX. 


The   references   are   to   compiler's   sections. 

officers  having  charge  of,   to   furnish   facilities  for  examination 5.'; 

SCHOOL   YEAR: 

when  to  commence,   length  of J  ' .   40,   4-> 

SCHOOLS    FOR    DEAF: 

act   establishing   day    348-3u3 

SECTARIAN    SCHOOLS: 

not    to   receive   public   moneys 5< 

SHERIFF  : 

to  remove  respondent  from  school   property 

SINGLE    SCHOOL   DISTRICT  : 

organization  of  township  into 

SITES   FOR  SCHOOLHOUSES  : 

when  not  needed  may  be  sold :>>8,  ~> 4 

notice  of  meeting  to   change 

voters  to  direct  procuring  of - 

lease  or  purchase  of 4(>,  54,   22 1 

issuance  of  bonds  for  purchase  of 

how  designated 

to  be  selected  by  a  two-thirds  vote 

proceedings   to   obtain 102-116 

compensation   for,   how  determined  in  certain  cases V 107 

claims  against,   settled   by   circuit  judge 

township  board  of  education  may  purchase,  etc 

sale  of   tax   homestead    lands   for .'1*>7 

SPECIAL   MEETINGS: 

(See  district  meetings.) 

STATE  BOARD  OF  AGRICULTURE  : 

election  of,   powers  and  duties 

may   grant  teachers'   certificates 10'.) 

STATE  BOARD  OF  EDUCATION  : 

election  of,  term  of  office,  etc 8.18 

to  grant  certificates  to  graduates  of  colleges 

may  refuse  to  accept  certain  diplomas 

to  be  a  body   politic 

powers  and   duties   of    -7.". 

regarding    state   normal    school 27.~>.  28:; 

members  of,  not  to  act  as  agent 27t» 

to  grant  diplomas  to  graduates  of  state  normal  school 278.  '27',} 

to  make   report  to  legislature 

to  grant  state  certificates  to  teachers -87 

persons  desiring  to  teach,  with  whom  to  tile  certificates  approved  by 200 

powers  and   duties   regarding   central    Michigan   normal    school :MH-20.'» 

powers  and  duties  regarding  northern  state  normal  school , » 205-207 

to  procure  site  for  western  state  normal  school. 200 

to  have  control,   etc.,   of .">oo 

to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in   normal   schools 301 

STATE  BOARD  OF  HEALTH : 

to  approve  text-books   regarding  communicable  diseases 1.10 

STATE    BOARD  OF  LIBRARY  COMMISSIONERS: 

duties  of    303,  31 0 

appointment  and  term  of  office  of. 3oo 

who  to  constitute   .'500 

vacancies   in,    how   tilled    30'.) 

reports  of,  to  whom  made,  etc 310 

appropriation   for    312 

STATE   CERTIFICATES  : 

to  be  granted  to  graduates  of  certain  colleges 1  (><> 

when  granted  to  graduates  of  state  normal  school 278.  270 

when  granted  by   state   board   of  education 287 

STATE   INSTITUTIONS  : 

maintenance   of    : 12 

certain  to.be  under  supervision   of  superintendent   of  public   instruction 20 

STATE   LANDS  : 

interest  from  sale  of.  application  of 13 

STATE   NORMAL   SCHOOL  : 

professional  instruction  in    275 

training  school  in -ill 

diplomas  and  certificates  to  graduates  of 278,  279 

an  act  to  change  the  name  of •  .  204 

STATE  TEACHERS'   INSTITUTE  : 

to  be  held  annually    240 

expenses   of,   how  paid    ....  240 

STATE  TREASURER : 

payment  of  transportation  of  indigent  deaf  children 251 

of    indigent    blind    children    254 

to  reimburse  district   maintaining  dav  school   for  deaf..  350 

STUDENT : 

minor  child  who  is,  not  permitted  in  saloon,  etc..  250 

STUDIES : 
to  be  prescribed    , 61 


INDEX.  21' 


The   references   are  to   compiler's   sections. 

SUBCONTRACTORS : 

act   insuring  payment   of 354-357 

SUITS: 

may  be  brought  for  or  against  district 33 

treasurer  to   appear   for  district   in 72 

on   treasurer's   !>ond    72 

when  moderator  may  appear  in,   for  district '.  .  .  .  72 

jurisdiction  of  justices   in 95 

and  judgments   against   district 95-101 

summons   in.   served  on  treasurer 00 

not   brought   to   collect  judgment 97 

(Sec  actions,  judgments  and  proceedings.) 

SUPERINTENDENT  OF  COUNTY  SCHOOLS  OF  AGRICULTURE,  ETC.  : 

who   eligible   as    347 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION  : 

constitutional   provisions   relative  to    , 4 

election  and  term  of  office  of. " 19 

to   have  general  supervision  of  public  instruction. 20 

make    annual    reports    to    legislature 20 

visit    state    institutions,    etc .  .  • 20 

may  request  removal  of  county  commissioner  of  schools 20 

appoint  a  deputy    21 

to  prepare  and  print  general  course  of  study 22 

to  prepare  rules  for  management  of  libraries 22 

duties   relative   to   apportionment   of  primary   school   moneys 23,  25 

to    deliver   books,    etc.,    to    successor 26 

when  board  of  education  to  make  triplicate  reports  to 73 

reports   to.    relative    to   libraries 133-134 

to  forward  statement  of  library  money  to  districts 135 

incorporated  academies  to   report  to 164 

forms  of  teachers'   certificates  to  be  prepared   by 176 

questions   for   examinations   of   teachers  to   be  prepared   by 176 

to  send  examination  questions  to  examining  officers 176 

prescribe  form  of  rules  for  boards  of  school  examiners 177 

to   appoint   assistant   conductor   of   institutes 179 

to  assist   county  commissioner  at  county  meeting  of  school  officers 188 

when,  may  remove  school  trustee  from  office. 211 

appeals  to,    in   actions   relative  to   school   districts 213 

annual  county  teachers'  institutes  to  be  held  by 236 

may  appoint   conductors   of   teachers'    institutes 237 

when,   may  draw  on   state  treasurer  for  aid  to  teachers'  institutes 239 

expenses  for  state  institutes,  how  drawn  by 240 

establishment  of  bureau   of  information  in  office   of 242 

may   prepare   certain   courses   of   study,   etc 313 

who    to   distribute    report    of .^13 

to  prescribe  forms  for  publication  and  distribution  of  report 313-315 

to  approve  course  of  study  for  rural  high  schools 319 

board  of  trustees  of  rural  high  schools  to  make  certain  report   to 319 

may   grant   kindergarten,   drawing,   etc.,    certificates 324-325 

when  may  grant  permission  to  establish  county  normal  training  classes 331 

to  be  member  of  county  normal  board 

to  prescribe  form  of  certificate  of  graduation   from  county  normal  training  classes. 

to  have  general  supervision   of  county  schools  of  agriculture,  etc 347 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 348-353 

report  of  commission  on   industrial  education  to  be  made  to 365 

SUPERINTENDENT   OF    SCHOOLS: 

powers  and  duties   of,   in  graded   school  districts 

in    township    districts,    by    whom    employed 107 

when  president  of  board  of  education,  to  perform  duties  of 198 

duly  of,  as  to   truants 24f> 

permit    of.    for   employment   of    children 260 

SUPERVISORS  : 

map   of  township   to   be  filed  with , 74 

township  clerk  to  certify  taxes  to 75,  222 

to  assess  school   taxes    78,  222 

to   assess   one-mill   tax 79 

equalization  of  taxes  by , 

certifying  and  levying  taxes   in  fractional  districts  by , 81 

to  deliver  warrant  for  collection   of  taxes  to  township  treasurer 

to  assess   judgment  against   school  district 101 

liability   for  not  assessing  taxes 144 

(See  taxes.) 

SURETY  BONDS : 

payment  of  premium   on 46.  ?83 

treasurer  may  furnish    1 21 .  2X3 

SFRPLUS  OF  DOG  TAX: 

how    apportioned    273 

SUSPENSION: 

of   pupils   from    school 

of   teachers'   certificates    178 

28 


218  INDEX. 


The  references  are  to   compiler's   sections. 

T. 

TAXABLE   INHABITANTS  : 

duties  in  relation  to  formation  of  district 

penalty  for  neglect  of  duty 

TAXATION  : 

constitutional   provisions   relative   to 

exemption  of   school   bonds   from 308 

TAXES : 

how  surplus  of  one-mill,   may  -be  applied 

non-taxpayers  not  to  vote  on  question  involving 

for  repairs  to  schoolhouse 

for  building  schoolhouse  or  purchasing  site 

for  apparatus,  etc.,  for  schoolhouse 

limit  of,  for  certain  purposes < 4G,  222 

amount  of,   for  services  of  district  officers 55 

for  incidental  expenses 

limit  of,  for  support  of  school 

estimated  and  reported  by  district  board 55,  222 

report  of,  by  board  to  township  clerk 

money  raised  by,  not  to  be  diverted 57 

for  books  for  indigent  children 

assessed  on  division  of  district 75 

when  reported  to  supervisor 75,  222 

apportionment  of»  when  collected 

failing  to  be  assessed,  to  be  levied  the  next  year 78 

supervisor  to  assess   78,79,  222 

assessment  of 78,  79.  80 

duties  of  township  treasurer  relative  to  collection  of 78,  82 

assessment,  collection  and  disposition  of 

in  township  before  any  school  is  maintained 79 

on  old  district  for  new 80 

certifying  of,  in  fractional  districts 

equalization    of    81 

warrant  for  collection  of 

apportionment  of,  when  district  is  divided 84,  229 

for  school  purposes  to  be  paid  next  to  township  expenses 

when  township  treasurer  to  pay  out  certain 87,  224 

may  be  raised  to  pay  borrowed  money 

judgments  against  districts   

when  credited  on  tuition  of  non-resident  pupils 

for  support  of  libraries 

liability  of  supervisor  for  not  assessing 

township  school   district,   report  of 

amount  of,  how  determined,  etc 201 

school,  to  be  kept  in  separate  column  on  assessment  roll 202 

school,  to  be  in  separate  column : 223 

apportionment  of  surplus  dog   272 

board  of  education  to  vote,  for  payment  of  tuition,  etc.,  of  eighth  grade  pupils.  .  .  .          329 

TAX  HOMESTEAD  LANDS: 

sale   of,   for   sites  for  schoolhouses 367 

TEACHERS  : 

public  moneys  not  to  be  paid  to,  not  holding  certificates 57 

to  keep  school  register   59 

to  be  furnished  with  copy  of  contract 59 

contracts  with    59,  122,  221 

employment  of   59,  122,  221 

to  file  certificate  of  instruction  in  physiology,  etc.,  with  director 61 

districts  employing  unqualified,  deprived  of  primary  money 73 

not  to  act  as  agent  for  school  books,  etc 146 

qualifications   of    156 

to  give  instruction  regarding  prevention  of  communicable  diseases 159 

who  to  give,  certificates  to  graduates  of  certain  colleges 166-168 

examination  of,  by  county  board  of  school   examiners 175-176 

certificates  given  to,  by  county  board  of  school  examiners 176 

grades  of,   certificates    177 

revocation  or  suspension  of  certificates 178,  278,  279,  287 

records  of,  certificates  to  be  kept 179 

list  of,  to  be  furnished  township  clerk 179 

in  township  school  districts,  by  whom  hired,  contract,  etc.  . 197 

fees,  to  pay  on  obtaining  certificates 234 

may  close  school  to  attend  institutes 237 

registration   of,    desiring  employment 242 

duty  of,  as  to  truants 246 

certificates  given  to  certain  pupils  of  state  normal   school 278-279 

state  board  of  education  to  grant  certain  certificates 287 

examination  of,  by  state  board  of  education 287 

with  whom  to  file  certain   certificates 290 

who  to  appoint,  for  rural  high  schools 319 

act  to  define  qualifications  of  certain . . 324-326 

how  qualified  by  certificates  of  county  normal  training  classes 334 

how  provided  for   335 

employment  of,  in  day  schools  for  deaf 352 


INDEX.  219 


The  references  are  to   compiler's   sections. 

TEACHERS'  ASSOCIATIONS  : 

formation   and   incorporation   of .  .  257-27-9 

TEACHERS'   INSTITUTES  : 

funds  for  support  of,  how  raised 234-235 

annual,   to  be  held   in  each  county 236 

counties  may  be  united  in 236 

teachers  may  close  school  to  attend 237 

conductor  of,  may  be  appointed 237 

expenses  of,  how  paid    ~» 238 

state  treasurer  to  aid 239 

state,  to  be  held  annually    240 

expenses  of,  how  paid   240 

expense   vouchers   for,    where   filed 241 

who  may   publish   outlines   for 313 

TEACHERS'  WAGES  FUND: 

primary   money   to  be  accounted  for  under 55 

in  township  school  district,  tax  for 197 

TERM  OF  OFFICE  : 

of  state  officers   4-9,  18-19 

district  officers    47,   120,   215 

members  of  board  of  school  examiners 172 

board  of  trustees  of  rural  high  schools 318 

of  trustees  in  cities  of  fourth  class 359 

TEXT-BOOKS  : 

by  whom  prescribed    61 

on   physiology,   etc.,   by   whom   approved.  . .  . 61,   159,   288 

to  be  furnished  to  indigent  children 62 

district  board  to  purchase,  when  authorized 148-149 

when  to  be  property  of  district   149 

when    proposals    for.   advertised 150 

who  to  make  contract  for  furnishing 150 

who  to  estimate  amount  necessary  to  purchase 151 

when   district   board   to   purchase 152,  159 

penalty  for  failure  of  district  board  to  comply  with  law 153 

in  township  school  districts,  board  of  education  to  select 197 

when  question  of  free,  submitted  to  voters 205 

TOWNSHIP   BOARD: 

may  divide  township  into  school  districts 27 

school  districts  to  be  numbered  by 27 

may  alter  boundaries  of  districts 27,  35 

clerk  of,  to  notify  taxable  inhabitant  of  formation  of  district 28 

duties  of,  in  forming  fractional  districts 30 

notice  and   number  of   meetings 34,  219 

may  attach  certain  non-residents  to  districts 36 

clerk  of,  to  notify  directors  of  alteration  in  districts 37 

to  determine  tax  on  division  of  district 38 

to  apportion  property  on  division  of  district 38,  39,  229 

when  may  appoint  district  officers 48,  49,  121 

when   may   sell   schoolhouse  site 56 

director  to  report  to    70 

records  of,  where  kept   73 

library  money  subject  to  order  of 85,  221 

on  determining  site,   to  certify  to  directors 102 

when   to   determine  schoolhouse  site 102,  221 

appeal  from  action  of   117-119 

restricted   in   altering  boundaries  of  graded   school   districts 124 

may  dispose  of  library  or  merge  into  free  public  library 126 

duties  of.   concerning  libraries    126-138 

to  purchase  books  for  township  library 128,  221 

to  apply  for  library  moneys 128,  221 

to  have  care  of  township  library 129 

examination  of  reports  of,  by  county  commissioner  of  schools 179 

township  school  district,  meeting  of,   relative  to  organization 189 

when  to  divide  property  between   fractional  districts 

city  districts,  boundaries,  authority  to  change 

when   may   submit  question  of  rural   high  schools 

may  order  election  of  trustees  of  rural  high  schools 318 

TOWNSHIP    CLERK: 

notice  of  formation  of  new  district  to  be  given  by 28,  29,  214 

to  give  notice  of  meeting  of  township  board 

to  notify  director  of  alteration  in  district 37 

director  to  make  annual  report  to 

to  receive  and  dispose  of  communications 

to  make  triplicate  reports  of  school  districts,  etc 

to   perform   services   required   by  superintendent   of  public  instruction 

duty  of,   in  distribution  of  primary  money 73 

duties    of    73, 217 

records,  reports,  books,  etc.,  to  be  kept  on  file  by 73,  225 

map  of  township  to  be  filed  by,  with  supervisor 

to   report  taxes  to  'supervisor 75,  219 


220  INDEX. 


The   references   are   to    compiler's    sections. 

TOWNSHIP  CLERK — Continued. 

to  apportion  moneys  to  district '.'"}, '  -il 

to  give  notice  to  director  of  moneys  apportioned ^7 

to    apportion   one-mill    tax 

duty  of,  in  appeals  from  township  board 

to  represent  township  in  legal   action  relative  to  libraries 

report  of,  to  superintendent  of  public  instruction  relative  to  libraries 133-lc 

liability  for  neglect  in  transmitting  reports 

liability  for  not  reporting  taxes  to  supervisor 

order  for  removal  of  officers  to  be  recorded  by 

list  of  teachers  to  be  furnished  to • 179,  225 

township  school  district,  duty  relative  to  organization  of 189-191,  194 

boundaries  of  city  districts,  map  showing  change  in,  filed  with 

to  draw  books  for  township   officers 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 

tax  for  payment  of  tuition  and  transportation  of  pupils  to  be  reported  to 330 

TOWNSHIP  DISTRICT  : 

organization   of    214-229 

officers  of,  board    

time  and  place  of  meeting  of,  board 217,  219 

board,  duties  of 

amount  of  tax  voted  for 

report  of,  board 

disposition  of  property    

compensation   of,   board    

division  of    • 229 

TOWNSHIP  SCHOOL  DISTRICT: 

board  of  education  to  have  charge  of  library  in 

relative   to   organization   of 

trustees   in,   election   of 

when,  altered  by  annexation  to  another  township 

when  electors  aggrieved  by  formation  of  - 213 

TOWNSHIP  TREASURER  : 

warrants  on,  by  whom  signed GO,  67 

to  apply  to  county  treasurer  for  moneys 

to  give  notice  of  moneys  to  township  clerk 86,  87 

to  draw  warrant  for  collection  of  taxes 90,  91 

dude's  relative  to  taxes  in  fractional  districts 91,  95 

to  pay  school  taxes  next  to  township  expenses 

to  hold  moneys  subject  to  proper  orders  and  warrants 93,  22 

library  moneys  to  be  paid  by,  to  inspectors '. 128,  217,  221 

to  recover  penalties,  etc.,  from  certain  officers 141,  143 

in  township  school  districts,  duty  of 203 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 318 

TRAINING    CLASSES: 

(See  county  normal  training*  classes.) 

TRAINING   SCHOOL: 

in  connection  with  state  normal  school 277 

TRANSPORTATION  : 

providing  for,  of  eighth  grade  pupils 46,  329 

TREASURER  OF  DISTRICT  : 

acceptance  of  office 51,  121 

to  be  member  of  district  board 52 

when  and  how,  may  be  removed 

and  moderator  to  audit  director's  accounts 67 

to  make  certain  report  to  district  board 72 

to  pay  orders  legally  drawn,  from  proper  fund 

bond   required  of    72 

deposit  of  moneys  by    72 

to  appear  for  district  in  suits 72 

money  paid  to,  from  old  district 76 

summons  to  b«e  served  on,  in   suits  against  district 96 

to  certify  judgment  against  district   to   supervisor 98-100 

penalty  for  neglecting  duties    140 

may  collect  damages  from  certain  officers 144 

of  board  of  education  in  township  school  districts,  duties,  etc 200,  208 

(See  district  board,  and  moneys.) 

TRUANTS : 

to  be  tried  by  justice  or  recorder 247,  256 

ungraded  schools  to  be  provided  for 248 

who    deemed    249.  255 

when  sent  to   reformatory  institutions.  .  256 

TRUANT   OFFICERS: 

how  appointed    245 

compensation    of    245 

to  enforce  compulsory  education   laws 24<> 

duty  of,   to  examine   into  cases  of  truancy 246-247 

to  warn  truants  and  their  parents  or  guardians 246 

to  make  complaint  in  truancy  cases 247 

to  enforce  act  relative  to  education  of  blind  children..  254 


INDEX.  221 


The   references   are  to   compiler's   sections. 

TRUSTEES  : 

(See  board   of   trustees.) 

TUITION  : 

payment  of.   when  pupils  attend  school   in  another  district 46 

of   non-resident    pupils    65,  122 

may  be  charged  for  studies  in  high  schools ]  22 

in    township   school   districts,   of  non-resident   pupils 197 

payment  of,  of  eighth  grade  pupils 329-330 

U. 

UNGRADED   SCHOOLS: 

may  be  established  in  graded  school  districts 248 

juvenile  disorderly  persons  to  be  sent  to 249 

UNION   SCHOOL  DISTRICT: 

(See  graded  school  district.) 

UNITED  STATES   FLAG:  * 

purchase   of    103 

UNIVERSITY  : 

constitutional   provisions   relative   to 5-7,  12 

regents  of,  may  grant  certain  certificates 165 

UPPER   PENINSULA: 

appointment  of  truant  officers  in 245 

V. 
VACANCY : 

how  filled  in  district  offices 48-49 

in  board  of  trustees  of  graded  school  district 121 

how  filled  in  board  of  school  examiners 172 

in  office  of  county  commissioner  of  schools 182 

township   school   districts,   in  office  of  trustee 197 

in  board  of  trustees  of  township  school  district 218 

in  board  of  library  commissioners 309 

(See  appointment.) 

VARIKTY  THEATRES: 

children  not  permitted  in,  etc 259 

VENIRE  : 

in  proceedings  to  obtain  site 104,  106 

VISITATION  : 

and  examination  of  schools." 179,  221 

VOTERS : 

who  are  qualified    43, 191 

challenge  of   44 

powers   of    , 46,  91 

qualifications  of,  in  cities  of  fourth  class •. .* 361 

(See*  district  meetings.) 

VOUCHERS : 

for  expenditures   for  treasurer    72 

for  payments  at   teachers'   institutes 241 

W. 

WARRANTS : 

on  state  treasurer  for  primary  school  interest  fund 23 

on  township  treasurer 66,  67,  85,  217 

to  township   treasurer  for  collection  of  taxes 82-83 

for  money  used  in  township  school  districts,  who  to  draw,  etc 199 

WATER   SUPPLY: 

district  to  vote  amount  of  money  for 55 

district  board  to  furnish   60 

WESTERN    STATE   NORMAL   SCHOOL:     ' 

act    to   establish    298-300 

certain  department  to  be  maintained  at 301 

WITNESSES : 

in  proceedings  to  obtain  site 107 

summoning  of,  in  cases  where  teacher  is  accused.  .  178 

WOMEN : 

qualified  as  voters  at   district  meeting 43,  191 

eligible  to  election  as  district  officers 50,  191 

Y. 
YEAR,  SCHOOL  : 

when  to  commence    .  40 


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